Amar Kumar Yadav @ Dara Kumar Yadav @ Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18860 of 2020 Arising Out of PS. Case No.-30 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== AMAR KUMAR YADAV @ DARA KUMAR YADAV @ AMAR KUMAR Son of Gayanand Yadav Resident of Village - Jagir Parbatta, P.S.- Kursakanta, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Kursakanta Police Station Case No. 30 of 2020, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police intercepted one motorcycle and recovered 36 litres of illicit Nepali liquor from the said motorcycle kept in a jute bag. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and that the police, at the time of search and seizure, has not

Patna High Court CR. MISC. No.18860 of 2020(2) dt.14-05-2020 2/2 followed the procedure laid down under Section 100 of the Code of Criminal Procedure, 1973. He further submits that the petitioner has got no criminal antecedent and he is in judicial custody since 18.02.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 18.02.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge (Excise), Araria, in connection with Kursakanta Police Station Case No. 30 of 2020. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √