Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32215 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== RAJESH KUMAR YADAV S/o Ramgati Rai R/o village- Jahangir Salkhani, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.A.G ====================================================== 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.

The petitioner seeks regular bail in connection with Tisiauta P.S. Case No. 8/2021, registered for the offence punishable under Section 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 553.68 liters of illicit liquor from a pick-up van and the petitioner was apprehended while he was allegedly escorting the said pick-up van.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.32215 of 2021(2) dt.13-12-2021 2/3 been falsely implicated in the present case and he is languishing in custody since 20.1.2021. The learned counsel for the petitioner has further submitted that admittedly, neither the pick-up van in question from which recovery of illicit liquor has been made belongs to the petitioner nor the petitioner is having any connection with the illicit liquor.

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 fact that the petitioner is neither the owner of the pick-up van in question nor he was found in conscious possession of the illicit liquor, 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

Patna High Court CR. MISC. No.32215 of 2021(2) dt.13-12-2021 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-IICum-Excise Court, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 8/2021.

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