Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33649 of 2021 Arising Out of PS. Case No.-30 Year-2019 Thana- RAJPUR District- Buxar ====================================================== ASHOK YADAV Son of Hawaldar Yadav Resident of Village - Sherpur (Churamanpur), P.S.- Buxar Industrial, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Parmanand Kumar.

The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 30/19, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

The allegation is regarding recovery of 276.400 liters of illicit liquor from a pick-up van. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.33649 of 2021(2) dt.13-12-2021 2/3 he is languishing in custody since 29.1.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the pick-up van in question does not belong to the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

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 materials available on record as also considering the averment made by the petitioner to the effect that the pick-up van in question does not belong to him, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ II cum Special Judge Excise at Buxar in connection with Rajpur P.S. Case

Patna High Court CR. MISC. No.33649 of 2021(2) dt.13-12-2021 3/3 No. 30/2019.

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