Raj Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22820 of 2022 Arising Out of PS. Case No.-62 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== Raj Narayan Yadav Son of Late Keshav Nath Yadav Resident of House No.-

370. Sector- 26, Pancharkula, Hariyana, At present No.- 1733, Vikash Nagar Moli Jhagara, Chandigarh.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-07-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Satyendra Narayan Singh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Pasaraha P.S. Case No. 62 of 2019 for the offences punishable under Sections 30(a)/38(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. As per prosecution case, it is alleged that on a secret information the police intercepted various vehicles and on search being made total 4410 litres of illicit foreign liquor was recovered from different vehicles.

Patna High Court CR. MISC. No.22820 of 2022(2) dt.15-07-2022 2/3 It is submitted by the learned counsel appearing on behalf of the petitioner that the petitioner is neither the owner of the vehicles nor he was arrested at the spot and no incriminating material has been recovered from the person or possession of this petitioner. It is further submitted that the petitioner is only being said to be the owner of Truck No. HR-68-7204, has been made accused in the present case, however the fact is that the said truck was already sold on 18.02.2019 itself, much prior to the alleged offence. It is also submitted that the petitioner is in custody since 07.03.2022 having clean antecedent.

On the other hand, learned APP for the State opposes the bail application and submits that petitioner is found to be owner of the truck from where recovery has been made. Having considered the submissions made on behalf of the parties and taking into consideration the fact that the truck in question from which alleged recovery has been made had already been sold to some another person prior to the alleged occurrence and this petitioner is a man of fair antecedent and the petitioner is in custody since 07.03.

Patna High Court CR. MISC. No.22820 of 2022(2) dt.15-07-2022 3/3 Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Court No.II, Khagaria in connection with Purak Pasraha P.S. Case No. 62 of 2019, subject to the condition that one of the bailors will be the local residents with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) mdrashid/- U T