Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32269 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- DHIBRA District- Aurangabad ====================================================== PINTU YADAV S/o Lorik Yadav R/o village- Piripur, P.S.- Amba, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2021 Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dhibara P.S. Case No. 4 of 2021, CIS No. 121 of 2021, registered for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation as per the First Information Report is that a Bolero vehicle was intercepted by the Police and a total quantity of 270 litres of country made liquor was recovered from the same. Two persons who were found

Patna High Court CR. MISC. No.32269 of 2021(2) dt.17-12-2021 2/3 sitting in the vehicle including the petitioner were arrested. Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the Bolero vehicle and he was sitting as a passenger in the same. Learned counsel further submits that the petitioner is in custody since 28.1.2021. He next submits that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 28.1.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II cum Special Judge, Excise, Buxar, in connection with Dhibara P.S. Case No. 4 of 2021, CIS No. 121 of 2021.

Patna High Court CR. MISC. No.32269 of 2021(2) dt.17-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T