Amarjit Yadav @ Indrajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18851 of 2020 Arising Out of PS. Case No.-90 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== Amarjit Yadav @ Indrajit Kumar, Son of Bada Chaudhari @ Badelal Chaudhari Resident of Village - Sidhaval, P.S.- Hussaingaj, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2020 Heard Mr. Ajay Kumar Pandey, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned counsel appearing for the State, through video conferencing. The petitioner seeks regular bail in connection with Siwan Town P.S. Case No. 90 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 a Tempo and upon seeing the police party, two persons started to flee away and one person was apprehended who disclosed his name as Shamshuddin Miyan and police recovered a total quantity of about 249.920 litres of illicit foreign liquor from the said tempo. The name of the petitioner has been disclosed by the arrested accused person.

Patna High Court CR. MISC. No.18851 of 2020(2) dt.14-05-2020 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and petitioner has falsely been implicated in this case with oblique motive. Learned counsel referring to para 6 of the bail application submits that the petitioner is not owner of the vehicle and no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner. Learned counsel also submits that petitioner is in custody since 02.03.2020. Learned counsel also submits that one case under Section 30(a) is pending against the petitioner in which he is on bail.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the vehicle and no illicit liquor has been recovered from the conscious possession or the vehicle belonging to the petitioner and he is in custody since since 02.03.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge Excise, Siwan, in connection with Siwan Town P.S. Case No.

Patna High Court CR. MISC. No.18851 of 2020(2) dt.14-05-2020 3/3 90 of 2020.

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

(Anil Kumar Sinha, J) sanjeev/- U T