Patna High CourtCR. MISC./21679/2020bail granted

Sunil Yadav v. The State Of Bihar

2020-07-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21679 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SUNIL YADAV Son of Late Arjun Yadav Resident of Village - Tetariya More Raksi, P.S. - Jori, District - Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Pathak For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID-19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Sanjay Kumar Pandey, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Excise Case No. 98 of 2020 for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 28.50 litres of illicit liquor/beer from the auto rickshaw of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.21679 of 2020(2) dt.06-07-2020 2/2 present case and he is having a clean antecedent and languishing in custody since 17.02.2020.

Per contra, the learned A.P.P. 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 period of incarceration of the petitioner herein apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Special Excise Case No. 98 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T