Kisun Dev Kumar Yadav @ Kishundeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19074 of 2020 ========================================================= Kisun Dev Kumar Yadav @ Kishundeo Yadav, aged about 23 years, (Male) son of Sita Ram Yadav, resident of village Kaithiniya P.S.:Lakhnaur (R.S.O.P) District-Madhubani ................

Petitioner

Versus

The State of Bihar ................. Opposite party ========================================================= Appearance For the Petitioner : Mr. Manoj Kumar Jha, Advocate For the State : Mr. Ajit Kumar, APP ========================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner who is in custody since 19.2.2020 has filed the instant application for grant of bail in connection with Laukahi P.S. Case no. 177 of 2019 registered for offence under sections 272, 273, 414 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., in the night of occurrence, on seeing the police personnel the two accused persons on one motorcycle managed to escape, two persons on the second motorcycle were caught and the driver of the four wheeler vehicle also managed to escape. It is stated that a total of 1053 litres of illegal liquor was recovered and one of the persons caught disclosed the name of the other accused persons.

It is submitted by learned counsel for the petitioner that neither the petitioner is named in the F.I.R. nor was he arrested at the place of occurrence. The name of the petitioner has transpired subsequently in course of investigation as being the driver of the pick-up van. It is submitted that the F.I.R. named accused persons namely Sumit Kumar, Yogendra Yadav and Amarjit Yadav have been enlarged on bail by orders which are Annexure-2 series to this petition.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner was not arrested at the spot, he has no criminal antecedent and grant of bail to the other co-accused, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Laukahi P.S. Case no. 177 of 2019 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Bibhash U T