Keshav Raj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4867 of 2024 Arising Out of PS. Case No.-1103 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Keshav Raj Yadav, aged about 40 years (male), son of Nirdhan Yadav, resident of village -Taralahi, P.S.- Bahadurpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khagaria P.S. Case No. 1103 of 2023 instituted for the offence under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3.

Prosecution case in short is that there is recovery of 268.200 litres of illicit foreign liquor from the 'Tata 407' Truck. It is further alleged that petitioner is the driver of the said truck. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.4867 of 2024(2) dt.02-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovery. In fact, he was oblivious of the fact that illicit foreign liquor was laden on the truck. The truck in question is in the name of one Hitesh Singh @ Ritesh Singh @ Hemant Singh.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and nature of accusation, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaria P.S. Case No. 1103 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T