Shiv Kumar Yadav @ Shiv Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8644 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- NAUTAN District- Siwan ====================================================== Shiv Kumar Yadav @ Shiv Kumar Chaudhary Son of Hridya Nand Yadav @ Hridaya Yadav Resident of Village-Phulwaria (Fulwaria), P.S.- Mairwa, District-siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Nautan PS case no. 194 of 2018 registered for the offence punishable under Sections 272, 273, 308/34, 120(B) of Indian Penal Code and 30(A), 38(A), 41(1) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding 483.840 liters of illicit liquor having been recovered from a Safari vehicle and the petitioner was caught when he was fleeing away from the said vehicle.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case

Patna High Court Cr.Misc. No.8644 of 2019(2) dt.14-02-2019 2/3 and infact, the vehicle does not belong to the petitioner. It is submitted that though the petitioner is having bad antecedent, inasmuch as three cases of similar nature are pending against him but the petitioner is on bail in two cases. It is further submitted that the petitioner is in custody since 29.11.2018 and he is ready to abide by whatever conditions as may be deemed fit and proper to be imposed upon him.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-2nd-cum-Special Judge, Excise, Siwan in connection with Nautan PS case no. 194 of 2018. It is further directed that in case, the petitioner is implicated henceforth in a similar type of case, the present privilege of regular bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) rinkee/- U T

Patna High Court Cr.Misc. No.8644 of 2019(2) dt.14-02-2019 3/3