Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7043 of 2017 Arising Out of PS.Case No. -385 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Yogendra Yadav, son of Sri Jagdish Yadav, Resident of Village - Davoda, P.S. - Farukhnagar, District - Gurgaon (Hariyana). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Saraiya P.S. Case No. 385 of 2016, registered under Sections 272, 273, 420 and 120(B) of the Indian Penal Code and Sections 30(a)/38/41 of the Bihar Prohibition and Excise Act, 2016. The accusation is that, on receiving secret information about carrying the illicit liquor loading in the Container Truck from Hariyana to sell the same, started checking then found that one container Truck bearing registration no. HR 55T-8043 and an Indigo Car bearing registration no. BR 01CM-0814, which were coming from Patna, were intercepted. On search, 419 cartoons of Indian made foreign liquor, total 3771 liquors recovered from the

Container Truck, in which, the driver was apprehended, who disclosed his name as Ashok Kumar and another person was found sitting in the cabin of the Container Truck, who disclosed his name as Yogendra Yadav (petitioner). The person, who was found sitting in Indigo Car was also apprehended, who disclosed his name as Krishna Kumar Sharma, who also disclosed that the said liquor was loaded at Mahipalpur (Delhi) on the instruction of Ramesh Shivhare and Rishi Shivhare. Krishna Kumar Sharma after selling the illicit liquor, the amount was to be given to Mohit Jain, who was running the business of transferring the money through Hawala and Bank Account. Thereafter, house of Mohit Jain was searched, from where, Rs.58,66,300/- was recovered.

Learned counsel for the petitioner submits that petitioner has no concerned with the business of illicit liquor and he was found sitting in the cabin of Container Truck being Khalashi. It is further submitted that petitioner has no criminal antecedent and is in custody since 08.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., West Muzaffarpur, in connection with Saraiya P.S.

No. 385 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T