Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10540 of 2022 Arising Out of PS. Case No.-224 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAMCHANDRA YADAV Son of Hari Kishun Yadav Resident of VillageBaghnochi, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Adv For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard Mr. Shiva Shankar Sharma, learned counsel for the petitioner and Ms. Asha Devi, learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Gaighat Police Station Case No. 224 of 2021, registered for the offences punishable under Sections 272/273/34 of the Indian Penal Code and Sections 30(a)/36/41(i) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police, after getting secret information that a truck along with one swift Dzire car was parked near the line hotel, in which potato and illicit liquor have been kept and the accused persons were also sitting in the said line hotel, proceeded towards the place of occurrence and upon seeing the

Patna High Court CR. MISC. No.10540 of 2022(2) dt.17-05-2022 2/3 police party, the accused persons five in number started fleeing away, however, they were arrested by the police and a total quantity of 2966.4 litres of illicit liquor was recovered from the truck and 86.422 litres of illicit liquor was recovered from the swift Dzire car, parked near the said line hotel. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by the police during course of investigation.

He next submits that the police on the basis of CDR of mobile has come to the conclusion that the petitioner had transferred money in the account of one Kuldip Sharma of Haryana who happens to be supplier of illicit liquor to the accused persons whereas the fact of the matter is that the petitioner is a CSP agent of bank and in course of his business, he used to transfer money in various accounts. He further submits that the petitioner having no criminal antecedent is in custody since 22.12.2021 and the accused persons who were arrested on the spot, namely, Deepak Kumar and Ajay Kumar have been granted bail by this Court vide Cr. Misc. Nos. 50967 & 52282 of 2021 respectively.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.10540 of 2022(2) dt.17-05-2022 3/3 the petitioner having no criminal antecedent is in custody since 22.12.2021 and the accused persons who were arrested on the spot have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Let the petitioner, RAMCHANDRA YADAV, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Muzaffarpur, in connection with Gaighat Police Station Case No. 224 of 2021.

(Anil Kumar Sinha, J) perwez U T