Patna High CourtCR. MISC./26373/2020bail granted

Sikindra Yadav v. The State Of Bihar

2020-10-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26373 of 2020 Arising Out of PS. Case No.-140 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== SIKINDRA YADAV S/o Maheshwar Ray Resident of Village-Chakrasul, Asmapur, P.S.-Vaishali, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-10-2020 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 Ashok Kumar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 140 of 2020 for the offence punishable under Sections 414, 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The allegation is regarding recovery of 161.280 litres of illicit liquor from a Bolero vehicle. 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.26373 of 2020(2) dt.14-10-2020 2/2 present case, is having a clean antecedent and is languishing in custody since 06.03.2020.

The learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since 06.03.2020, 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 regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Muzaffarpur in connection with Saraiya P.S. Case No. 140 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T