Rambabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2374 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAMBABU YADAV, aged about 30 years, Male, Son of Late Devi Yadav Resident of Village - Teterahi, P.S.- Khodawandpur, Distt - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Kumar, Adv.

For the Opposite Party :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 145 of 2019, registered under Sections 272, 273 and 120B of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about carrying the illicit liquor loaded on a Tata 407 truck at Pansalla Chowk for supplying to the local purchasers, the informant, along with other police personnel, reached at village Pansalla near the orchard where 10 to 20 persons were seen, who on seeing the police party started to flee away, but, taking the advantage of darkness they succeeded to flee away. A Tata 407 truck was parked there, from which 208 cartons, containing several bottles of Indian made foreign liquor in volute 1833.120

Patna High Court CR. MISC. No.2374 of 2020(2) dt.24-01-2020 2/2 liters recovered, where a Piaggio vehicle and Passion Pro motorcycle were also parked.

Submission is that petitioner was not name in the first information report. In course of investigation the name of the petitioner transpired in the statement of Ramashees Das, who is staff of the owner of the Piaggio vehicle to the effect that Piaggio vehicle was stolen by the petitioner and two other persons before three days of the occurrence. Further, submission is that petitioner has no criminal antecedent and is in custody since 01.11.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Khodawandpur P.S. Case No. 145 of 2019 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Begusarai.

(Rajendra Kumar Mishra, J) Shamshad/- U T