Sushil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17819 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- JOKIHAT District- Araria ====================================================== SUSHIL KUMAR YADAV Son of Late Bhuleshwar Yadav @ Baleshwar Yadav Resident of village - Jhuni Kala, Pothia Tola, Near Janta Chowk, P.S.- K. Nagar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Pandey For the Opposite Party/s :

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

Petitioner seeks regular bail in connection with Jokihat PS Case No. 88/2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

The police recovered 305.570 litres of illicit liquor from a Tempo bearing Registration No. BR-O1P 9089 and arrested its driver/petitioner.

Learned counsel for the petitioner submits that the petitioner being driver was not aware about the illicit liquor kept in the said vehicle. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 22.02.2022 having no criminal

Patna High Court CR. MISC. No.17819 of 2022(2) dt.26-05-2022 2/2 antecedent.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 22.02.2022 having no criminal antecedent and there is no likelihood that the trial will be concluded in near future, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, 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 Special Judge, Excise Act-II, Araria in connection with Jokihat PS Case No. 88/2022. (Anil Kumar Sinha, J) perwez U T