Patna High CourtCR. MISC./13135/2020bail granted

Rohit Yadav @ Bhuar @ Bhuar Yadav v. The State Of Bihar

2020-03-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13135 of 2020 Arising Out of PS. Case No.-324 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== ROHIT YADAV @ BHUAR @ BHUAR YADAV Son of Manager Yadav, Resident of Village - Baritola, P.S.- Assaw, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2020 Heard both sides.

Petitioner seeks bail in Mairwa P.S. Case No.324 of 2018 registered under Sections 272, 273, 308 and 34 of the IPC and under sections 30(i), 38(i), 41(i) of the Bihar Prohibition and Excise Act.

The police got information that Dhananjay Prasad Soni, Basant Kumar and Rohit Yadav (petitioner) were involved in the trade of illicit liquor and on such the police went to intercept the vehicle. It is further alleged that one Dhananjay Prasad Soni was arrested and 406 litres of liquor was recovered from the vehicle. The apprehended accused disclosed the name of the petitioner and another.

Learned counsel for the petitioner submits that Dhananjay Prasad Soni has already been released on bail vide

Patna High Court CR. MISC. No.13135 of 2020(2) dt.03-03-2020 2/2 order dated 03.12.2018 passed in Cr.Misc.No.70241 of 2018. The case of the petitioner stands on better footing as the petitioner was not apprehended on the spot and nothing has been recovered from possession of the petitioner. The petitioner is in jail since 28.01.2020.

Having considered the fact that Dhananjay Prasad Soni, who was apprehended with the vehicle from which 406 litres of liquor was recovered and Dhananjay Prasad Soni has already been released on bail, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa P.S. Case No.324 of 2018.

(Prabhat Kumar Jha, J) Harish/- U T