Patna High CourtCR. MISC./3271/2020bail granted

Radhe Shyam Yadav @ Radhe Shyam Rai v. The State Of Bihar

2020-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3271 of 2020 Arising Out of PS. Case No.-265 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== RADHE SHYAM YADAV @ RADHE SHYAM RAI S/o Bheem Rai Resident of Village- Najirpur, P.S.- Ujiyarpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Kanhaiya Kishore ,App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2020 This application, for grant of anticipatory bail, arises out of Ujiarpur P.S. Case No. 265 of 2019, disclosing offences under Section 30(a) of the Indian Penal Code. Allegation is of recovery of 44.28 litres of liquor from the bolero vehicle and petitioner happens to be owner of the vehicle.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has been made accused in this case only because, he happens to be owner of the vehicle and the real fact is that driver has taken the vehicle and he was arrested and disclosed the name of petitioner as owner of the vehicle.

Heard learned A.P.P. also.

Having heard both sides, considering the submission,

Patna High Court CR. MISC. No.3271 of 2020(2) dt.24-01-2020 2/2 as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 02nd Additonal Sessions Judge -cum-Special Judge, Excise, Samastipur, in connection with Ujiarpur P.S. Case No. 265 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T