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Patna High CourtCR. MISC./886/2023bail granted

Satyendra Yadav v. The State Of Bihar

2023-04-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.886 of 2023 Arising Out of PS. Case No.-331 Year-2022 Thana- DURAULI District- Siwan ====================================================== Satyendra Yadav S/O Harichandra Yadav @ Harichandra Choudhary R/VRahatauwa, P.S.- Darauli, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Yadav, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2. Heard learned counsel for the petitioner and the learned APP for the State.

3. Petitioner seeks regular bail in connection with Darauli P.S. Case No. 331 of 2022 dated 18.11.2022 registered for the offences punishable under Sections 379, 411, 413 and 414 of the Indian Penal Code and Sections 30(a) and 41(i) of Bihar Prohibition and Excise Act.

4. The main submissions advanced by petitioner's counsel are that though the instant matter relates to the

Patna High Court CR. MISC. No.886 of 2023(2) dt.25-04-2023 2/3 recovery of 98 litres of country-made liquor and three motorcycles suspected to be stolen but the petitioner had no concern with any of them, in actual he was present at village Talibujurg, which is sasuraal of the petitioner and merely on suspicion, he was arrested and the recovery of the said articles was made from the house of co-accused Dhiraj Kumar and against the petitioner, there is criminal antecedent of one case. Further submissions are that the petitioner is a young person and has been languishing in jail since 19.11.2022 and against him, the investigation has been completed.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the above submissions and mainly the petitioner's young age and his custody period and also the facts that the alleged wine as well as the motorcycles are stated to have been recovered from the house of coaccused Dhiraj Kumar and the petitioner was simply alleged to be present at the house of the said co-accused, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two

Patna High Court CR. MISC. No.886 of 2023(2) dt.25-04-2023 3/3 sureties of the like amount each to the satisfaction of the Court concerned in connection with Darauli P.S. Case No. 331 of 2022.

(Shailendra Singh, J) annu/- U T