Billu Yogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5867 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== Biillu Yogi , son of Bhuraram Yogi, Resident of Village-Modhori, P.S.- Nimrana, District-Alawar (Rajasthan) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 09.12.2018 in connection with Dumariyaghat P.S. Case No.210 of 2018 registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

Prosecution case as per the statement of Abhinav Kumar Dubey, S.H.O. Durariya Ghat P.S. recorded on 08.02.2018 at 8:00 P.M. is to the effect that an information was received that one truck having the registration number of Rajasthan is carrying a huge quantity of illicit liquor, whereupon, a raid was laid and a truck was intercepted, which

Patna High Court Cr.Misc. No.5867 of 2019(2) dt.04-02-2019 2/2 was being driven by co-accused Pawan Kumar and the other person disclosed his name as Billu Yogi and from the truck in question, 1453.06 litres of foreign liquor were recovered. The accused persons suggested that the consignment belongs to one Sonu which is tobe delivered co-accused Amarjeet. It is submitted by learned counsel for the petitioner that the recovery has not been made from the petitioner. Statement has been made in para 3 of the bail application that the petitioner is not having criminal antecedent.

Considering the nature of accusation, the recovery from the truck and the fact that the prosecution case does not suggest the name of the owner of the truck in question coupled with the statement made in para 3 of the bail application, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Dumariyaghat P.S. Case No.210 of 2018.

sanjeev/- (Dinesh Kumar Singh, J) U T