Bhupendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36168 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== BHUPENDRA KUMAR YADAV SON OF LATE MISHRI LAL YADAV Resident of Village - Subha Tol, Ward No.12, P.s.-Andramath, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2022 Heard Mr. Ratanakar Jha, learned counsel for the petitioner and Mr. Nityanand learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Andhramath P.S. Case No. 21 of 2021 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Police SSB intercepted two persons including the petitioner and recovered a total quantity of 107.1 litres of Nepali liquor kept in the sack.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.36168 of 2021(2) dt.06-01-2022 2/2 and he has falsely been implicated in this case with oblique motive. The petitioner is in custody since 25.3.2021 having no criminal antecedent. He further submits that the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted and the trial is not likely to be completed in near future, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, in connection with Andramath P.S. Case No. 21 of 2021.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T