Karu Yadav @ Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33774 of 2021 Arising Out of PS. Case No.-194 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== KARU YADAV @ SANJAY KUMAR YADAV @ SANJAY YADAV Son of Barhamdeo Yadav Resident of Village - Maigra (Badhkikarasan), P.S.- Imamganj, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard Mr. Manoj Kumar Jha, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Raushanganj (Banke Bazar) P.S. Case No. 194 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that the Police intercepted a Tempo in which two persons were found sitting and recovered 100 litres of country made liquor from the same and arrested two persons namely, Sanjay Paswan (Driver) and Prem Kumar. The name of the petitioner has been disclosed by the arrested co-accused stating that the liquor

Patna High Court CR. MISC. No.33774 of 2021(2) dt.22-12-2021 2/3 belongs to the petitioner.

Learned counsel for the petitioner submits that the petitioner has merely been implicated in this case on the basis of statement made by the arrested co-accused. He further submits that the petitioner is neither owner nor the driver of the Tempo in question and no illicit liquor has been recovered from his conscious possession. He next submits that the petitioner is in custody since 10.3.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the illicit liquor has not been recovered from the conscious possession and/or vehicle belonging to the petitioner, the petitioner is in custody since 10.3.2021 and charge sheet has already been submitted, 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd-cumSpecial Judge of Excise Act, Gaya, in connection with Raushanganj (Banke Bazar) P.S. Case No. 194 of 2019.

Patna High Court CR. MISC. No.33774 of 2021(2) dt.22-12-2021 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