Ritesh @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21443 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- DAGARUA District- Purnia ====================================================== 1.

RITESH @ CHHOTU YADAV Son of Sadanand Yadav Resident of Jhunni Kala Pothiya, P.S.- K. Nagar, Distt.- Purnea. 2.

Sintu Kumar Yadav @ Saroj Bharti @ Sintu Son of Vedanand Yadav Resident of Jhunni Kala Pothiya, P.S.- K. Nagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Fazle Karim, Advocate For the State :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2020 Heard Mr. Fazle Karim, learned counsel for the petitioners and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the Stamp Reporter within eight weeks.

Petitioners seek regular bail in connection with Special Excise Case No. 225 of 2020 arising out of Dagarua P.S. Case No. 80 of 2020 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.21443 of 2020(2) dt.02-07-2020 2/3 The allegation against the petitioners is that the vehicle (Chevrolet Car) of the petitioners was intercepted by the police and from the dickey of the said car which was driven by the petitioner No. 1, a total quantity of 78.600 litres of illicit liquor was recovered.

Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged. They have been falsely implicated in the present case with oblique motive. Learned counsel further submits that the petitioners are in custody since 30.05.2020 having no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioners have got no criminal antecedent and they are in custody since 30.05.2020, I am inclined to grant regular bail to them. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Purnea, in connection with Special Excise Case No. 225 of 2020 arising out of Dagarua P.S. Case No. 80 of 2020. It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.21443 of 2020(2) dt.02-07-2020 3/3 bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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