Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11914 of 2021 Arising Out of PS. Case No.-589 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== PANKAJ YADAV Son of Lukho Yadav Resident of Village - Naya Tola Mirzapur, P.s. - Madhusudanpur (Nathnagar), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case no. 589 of 2020 registered under sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 73.8 litres of IMFL was recovered from a tempo pick-up vehicle near an orchard. It is stated that the accused persons started to flee away but the petitioner was caught and he disclosed that he is the driver of the vehicle.

Patna High Court CR. MISC. No.11914 of 2021(2) dt.16-07-2021 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person or possession. He has no concern with the tempo pick-up vehicle nor with the recovered liquor. He is in custody since 26.9.2020 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and in view of the fact that the petitioner has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Nathnagar (Madhusudanpur) P.S. Case no. 589 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District & Sessions Judge-cum-Special Judge Excise, Bhagalpur.

Spd/- (Partha Sarthy, J) U T