Ankush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16507 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== ANKUSH YADAV Son of Siyaram Yadav Resident of Village - Hajipur, P.S. - Muffasil, District - Sahibganj, State - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Sabour Goradih PS Case No. 72/2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2016.

50.625 litres of illicit liquor has been recovered from a Maruti Suzuki Alto Car bearing Registration No. BR10F8286 and the driver/petitioner was arrested from the said car. 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 due to oblique motive. She further submits that petitioner being the driver was not aware about the illicit liquor being kept therein and no illicit liquor has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.16507 of 2022(2) dt.26-05-2022 2/2 petitioner. Next submission is that the petitioner is in custody since 27.02.2022 and he has got no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner being driver was not aware about the illicit liquor being kept in the said car, no illicit liquor has been recovered from the conscious possession of the petitioner, he having no criminal antecedent is in custody since 27.02.2022, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Bhagalpur in connection with Sabour Goradih PS Case No. 72/2022.

(Anil Kumar Sinha, J) perwez U T