Patna High CourtCR. MISC./12854/2020bail granted

Gautam Yadav v. The State Of Bihar

2020-05-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12854 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Gautam Yadav, aged about 50 years, Gender-Male, Son of Late Ratan Yadav Resident of Village-Telkathu, Police Station-Hussainganj (M.H. Nagar), District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-05-2020 Perused the record of this case and heard learned counsel for the State through virtual court proceeding. In this case, the petitioner is seeking bail in connection with Hussainganj (M.H. Nagar) P.S. Case No. 09 of 2020 registered for offences under sections 30(a) of the Bihar Excise & Prohibition Act, 2018.

As per prosecution story, on receipt of secret information, the police party reached at the house of the petitioner and recovered 9 carton Hit Premium Whisky English wine each carton containing 48 pieces each piece containing 180 M.L. total 77.760 litres illegal English wine and a bag containing 100 pieces each piece containing 180 M.L. total 18 litres illegal English wine from there.

Patna High Court CR. MISC. No.12854 of 2020(2) dt.13-05-2020 2/2 Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is in custody since 9.1.2020.

Looking to the entire facts and circumstances of the case as also considering the present situation arising out of Covid-19 outbreak, let the petitioner, above named, be released on bail on furnishing personal bail bond to the satisfaction of learned Additional Sessions Judge IInd - cum - Special Judge Excise, Siwan in connection with Hussainganj (M.H. Nagar) P.S. Case No. 09 of 2020, subject to the condition that if the petitioner is found involved in future in similar type of offenses, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail granted to the petitioner. (Shivaji Pandey, J) rishi/- U T