Chhotelal Yadav @ Chhote Lal @ Chhote Lal Yadav @ Chhote Lal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31087 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== CHHOTELAL YADAV @ CHHOTE LAL @ CHHOTE LAL YADAV @ CHHOTE LAL RAY Son of Late Rajendra Yadav @ Rajendra Ray Resident of Village - Masaha Alam, Ward No.- 03, P.S.- Bairgania, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with C2 Case No. 122 of 2021, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the SSB personnel arrested the petitioner and recovered a total quantity of 747 litres of Nepali Saufi liquor, kept on four bicycles in sacks.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive inasmuch as the

Patna High Court CR. MISC. No.31087 of 2021(2) dt.10-12-2021 2/2 petitioner being alone cannot handle four bicycles at a time. He next submits that the petitioner is in custody since 25.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted and the petitioner is in custody since 25.02.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Sitamarhi, in connection with C2 Case No. 122 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √