Saryu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30962 of 2021 Arising Out of PS. Case No.-596 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== SARYU YADAV Son of Rohan Yadav Resident of Village- Job Kalan, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2022 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Rajauli P.S. Case No. 596 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the First Information Report, Police on the basis of secret information conducted a raid in the village Jobe near bank of a river and upon seeing the police party the accused persons, who were 7-8 in number, started fleeing away however, three persons were arrested and other accused persons

Patna High Court CR. MISC. No.30962 of 2021(4) dt.03-03-2022 2/3 succeeded in fleeing away. The arrested accused persons disclosed the name of the petitioner and others who succeeded in fleeing away. A total quantity of 30 liters of Mahua liquor was recovered from the bank of the river kept in plastic gallon. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the arrested co-accused persons. He further submits that no illicit liquor has been recovered from the conscious possession and / or premises belonging to the petitioner, the petitioner is in custody since 12 - 2 - 2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 12-2-2021 , no illicit liquor has been recovered from his conscious possession, charge sheet has already been submitted and trial is not likely to be concluded in near future due to COVID 19 pandemic, as such, 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. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge - II - cum-Special

Patna High Court CR. MISC. No.30962 of 2021(4) dt.03-03-2022 3/3 Judge, Nawada in connection with Rajauli P.S. Case No. 596 of 2020.

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