Ajay Kumar @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21470 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== AJAY KUMAR @ UDAY YADAV Son of Kuldip Prasad @ Kuldip Yadav Resident of Village - Mohkama, P.S.- Rajouli, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Rajouli PS Case No. 356/2021 registered for the offence punishable under Sections 30(a)(d) 41 of Bihar Prohibition & Excise Act 2016.

The police personnel, on the basis of secret information, that some accused persons are engaged in manufacturing and sale of illicit liquor, proceeded towards the place of occurrence and upon seeing the police party seven to eight persons succeeded in fleeing away. However, the police recovered 40 litres of illicit liquor and 3000 litres of fermented Mahua. Name of the petitioner and other accused persons has been disclosed by the local people.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure of his name by the local people and no illicit liquor

Patna High Court CR. MISC. No.21470 of 2022(2) dt.25-05-2022 2/2 has been recovered from his conscious possession. He further submits that the petitioner having no criminal antecedent is in custody since 24.12.2021, the charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence.

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 his conscious possession petitioner having no criminal antecedent is in custody since 24.12.2021, the charge-sheet has been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence, 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 Excise Court No. 2, Nawada in connection with Rajouli PS Case No. 356/2021. (Anil Kumar Sinha, J) perwez U T