Patna High CourtCR. MISC./16558/2020bail granted

Janardan Yadav v. The State Of Bihar

2020-05-13Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16558 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== 1.

JANARDAN YADAV Son of Ram Chhabila Yadav Resident of Madhav Kothi Labar, P.S.- Jataha Bazar, District- Kushi Nagar (U.P.) 2.

Duryodhan Sah Son of Haribansh Sah Resident of Chankuhwa, P.S.- Piprari, District- Bettia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-05-2020 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in connection with Excise Case No. C-III-7/2020 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears that one of the petitioners was the driver of the pick-up van whereas the other was a passenger in the said vehicle, from where 1589.760 litres of liquor was recovered. Some of the other accused persons

Patna High Court CR. MISC. No.16558 of 2020(2) dt.13-05-2020 2/3 sitting in the vehicle could manage to flee away. Learned counsel for the petitioners submits that the petitioner, who was driving the vehicle did not know that the liquor so recovered was being transported by the other accused persons in the said vehicle. The another person / petitioner, who was arrested, was actually a gratuitous passenger. The proof of the petitioners being innocent, it has been urged, can be derived from the fact that there has not been any prosecution against the petitioners so far before the present case.

The petitioners are stated to be in custody since 10.01.2020.

Considering the aforesaid facts, the petitioners, above-named, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ-II cum Special Judge, Excise, Siwan in connection with

Patna High Court CR. MISC. No.16558 of 2020(2) dt.13-05-2020 3/3 Excise Case No. C-III-7/2020.

(Ashutosh Kumar, J) skm/- U