Raj Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20688 of 2021 Arising Out of PS. Case No.-163 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAJ KISHOR YADAV Son of Shiv Pujan Yadav, Resident of Village - Mirjapur, P.S.- Raghunathpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Yogesh Chandra Verma, Sr. Advocate Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, on receiving information about transport of illegal liquor, it is stated that a team was constituted and on reaching the place of occurrence large number of vehicles including trucks, motorcycles etc. details of which have been given in the FIR were found parked. It is stated that 11 accused persons managed to escape and large quantity of illicit liquor was recovered.

It is submitted by learned senior counsel appearing for

Patna High Court CR. MISC. No.20688 of 2021(2) dt.09-09-2021 2/2 the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. Neither he was arrested on the spot nor any incriminating article was recovered from his possession. He has no concern with any of the seized vehicle nor the seized liquor. The only material against him is the statement of the co-accused made before police that he was amongst the eleven persons who managed to escape. He is in custody since 30.9.2020 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having remained in custody for 11 months, the petitioner is directed to be enlarged on bail in connection with Raghunathpur P.S. Case no. 163 of 2019 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 Addl. District & Sessions Judge - cum - Special Judge, Excise, Siwan. (Partha Sarthy, J) Spd/- U T