Patna High CourtCR. MISC./38103/2017bail granted

Ramesh Yadav v. The State Of Bihar

2017-08-24Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.38103 of 2017 (4) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38103 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramesh Yadav, Son of Munni Lal @ Munni Pd. Yadav, resident of Village- Rajepur Ahirwaliya, P.S.- Kotwa, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2017 The petitioner seeks regular bail in connection with Kotwa P.S. Case No. 16 of 2017, registered for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery 717 litres and 480 ML of foreign liquor.

It has been submitted on behalf of the petitioner that though there is allegation of recovery of huge quantity of liquor, however the petitioner is only a driver of the alleged vehicle from which the recovery has been made and has nothing to do with the seized articles rather the same was of the owner of the vehicle, who has already been granted the privilege of anticipatory bail by an order of Coordinate Bench of this Court vide order dated

Patna High Court Cr.Misc. No.38103 of 2017 (4) dt.24-08-2017 13.07.2017 passed in Criminal Miscellaneous No. 22179 of 2017 and petitioner has been in judicial custody since 06.02.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as other co-accused has already been granted anticipatory bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-X, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 16 of 2017. It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T