Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20155 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- RAJAON District- Banka ====================================================== GUDDU YADAV Son of Suresh Yadav Resident of Village-Nawtoliya (Nareepa), Police Station-Rajoun, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned APP appearing for the State. The petitioner seeks regular bail in connection with Rajoun P.S. Case No. 111 of 2020 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the informant along with other police officials being on patrolling duty when the informant received secret message that two vehicles i.e. bolero Jeep and Scorpio Jeep have been apprehended, whereupon search was made and 94 liters of illicit liquor was recovered

Patna High Court CR. MISC. No.20155 of 2020(2) dt.18-06-2020 2/2 from the bolero jeep and the petitioner was nabbed by the police from the aforesaid bolero vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 31.03.2020. Lastly, it is submitted that there is no compliance of Section 100 Cr. P.C. while preparing the seizure list, hence the same is illegal. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that there is no compliance of Section 100 of the Cr. P.C. in preparing the seizure list and moreover, the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Rajoun P.S. Case No. 111 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T