Patna High CourtCR. MISC./2646/2020bail granted

Nikhil Kumar Yadav v. The State Of Bihar

2020-03-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2646 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== Nikhil Kumar Yadav Son of Ram Lakhan Prasad Yadav @ Ram Lakhan Yadav Resident of Village - Morkahi, P.S.- Sour Bazar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Excise Compl. Case No.129 of 2019 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation in the complaint, a total quantity of 234 litres of IMFL is stated to have been recovered from a vehicle of which the petitioner is stated to be a driver. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and that he did not know about the contents of the articles loaded on the said vehicle. It is co-accused Ratnesh Kumar who is the

Patna High Court CR. MISC. No.2646 of 2020(4) dt.04-03-2020 2/2 owner of the vehicle. The petitioner has no criminal antecedent and is in custody since 24.10.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case especially the fact that the petitioner has no criminal antecedent and is in custody since 24.10.2019, this Court is inclined to enlarge the petitioner on bail. Let the petitioner be enlarged on bail 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 Additional Sessions Judge II, Banka in connection with Excise Compl. Case No.129 of 2019.

(Partha Sarthy, J) Bibhash/- U T