Arbind Kumar Yadav @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18855 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== Arbind Kumar Yadav @ Arvind Kumar, Son of Ramakant Yadav Resident of Village - Kakarghati, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-05-2020 Heard Mr. Ugranath Mallik, 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 Simri P.S. Case No. 52 of 2020, registered for the offence punishable under Section 30(a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police intercepted a Xylo vehicle bearing Registration No.BR-7P-3610 and recovered a total quantity of 172.800 litres of illicit liquor from the vehicle. The petitioner is the driver of the alleged vehicle.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been

Patna High Court CR. MISC. No.18855 of 2020(2) dt.14-05-2020 2/2 implicated in this case with oblique motive. Learned counsel referring to para-11 of the bail application submits that the petitioner is the driver of the vehicle and was not aware about article kept in the vehicle by his employer. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the vehicle and the petitioner has got no criminal antecedent and he is in custody since 08.03.2020, 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 Additional District Judge-II-cumSpecial Judge (Excise Act), Darbhanga, in connection with Simri P.S. Case No. 52 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.

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