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Patna High CourtCR. MISC./80335/2018allowed

Anil Yadav v. The State Of Bihar

2019-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80335 of 2018 Arising Out of PS. Case No.-309 Year-2018 Thana- NARHATT District- Nawada ====================================================== Anil Yadav Son of Rajendra Yadav, resident of Village- Chatti Bazar, Gola Road, Ramgarh, P.S.- Ramgarh, District- Ramgarh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Narhat PS Case No. 309 of 2018 for the alleged offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

In the instant case, total 448 liters of country made liquor was seized from a silver colour Toyota Etios vehicle bearing Registration No. JH01R9490. Learned counsel appearing for the petitioner submits that petitioner has no criminal antecedent and nothing was recovered from the conscious possession of the petitioner. In fact, petitioner is the driver of the vehicle and he was driving the vehicle at the

Patna High Court Cr.Misc. No.80335 of 2018(2) dt.28-01-2019 2/2 instruction and direction of the owner of the vehicle. Petitioner is in custody since 25.11.2018.

Considering the fact that petitioner has no criminal antecedent and he is in custody since 25.11.2018, this application is allowed. Let the petitioner, above named, 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 Addl. District Judge II-cum-Special Judge, Nawada in connection with Narhat PS Case No. 309 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T