Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17763 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- KALER District- Jehanabad ====================================================== JAI PRAKASH YADAV Son of Late Rambaran Yadav Resident of Village - Nachraula P.S. Aaspur Devsara District - Pratapgarh (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Kaler PS Case No. 3 of 2019 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In the instant case, total 2944 liters of foreign liquor was seized from the truck. Petitioner is allegedly the driver of the said truck. Learned counsel representing the petitioner submits that petitioner has no criminal antecedent and he is in custody since 14.01.2019. He further submits that petitioner is only the driver of the truck.

Considering the fact that petitioner has no criminal

Patna High Court CR. MISC. No.17763 of 2019(2) dt.26-03-2019 2/2 antecedent, he is only the driver of the truck and nor owner of the vehicle nor of the liquor, and he has remained in custody since 14.01.2019, this application is allowed. Accordingly, let the petitioner above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II, Jehanabad in connection with Kaler PS Case No. 3 of 2019.

(Anil Kumar Upadhyay, J) mrl./- U T