Santu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73837 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Santu Yadav, Son of Suresh Yadav Resident of Village - Patrang, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks regular bail in connection with Akbarpur P.S. Case No.148 of 2019, for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The allegation against the petitioner is that the police raided the under constructed house of one Praveen Kumar @ Gorelal Yadav and recovered a total quantity of 42 litres of countrymade illicit liquor from the said house. It has further been alleged that when the police arrived at the place of occurrence, the petitioner along with other co-accused persons fled away. The name of the petitioner has been disclosed by the co-villagers. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case only on the basis of disclosure made by co-

Patna High Court CR. MISC. No.73837 of 2019(2) dt.11-12-2019 2/2 villagers. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to the petitioner. Learned counsel further submits that co-accused, Gorelal Yadav has been granted bail by this Court in Cr. Misc. No.70265 of 2019. Learned counsel also submits that petitioner is in custody since 20.09.2019. Having regard to the submissions made by the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and the co-accused has been granted bail by this Court and the petitioner has got no criminal antecedent and he is in custody since 20.09.2019, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Nawada, in connection with Akbarpur P.S. Case No.148 of 2019.

(Anil Kumar Sinha, J) sanjeev/- U T