Nand Kishor Yadav @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26446 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

NAND KISHOR YADAV @ CHHOTU YADAV Son of Dasharath Yadav Resident of Village- Balua, P.S.- Ara Mufassil, District- Bhojpur. 2.

Ram Brat Ram @ Mishra Ji Son of Shanichar Rai @ Maharaj Ji Resident of Village- Jamira, Police Station- Ara Mufassil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-10-2020 Heard Mr. Shiv Prasad Gupta, learned counsel for the petitioners and Mr. Nagendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners seek regular bail in connection with Ara Nagar P.S. Case No. 132 of 2020 (Excise Case No. 530 of 2020) registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners as per the First Information Report is that the Police intercepted a Tata Mazic Pick-up van and recovered a total quantity of 591.12 litres of illicit liquor from the same. It has further been alleged that four persons sitting in the vehicle tried to flee away, but the Police arrested the petitioners, on chase.

Patna High Court CR. MISC. No.26446 of 2020(2) dt.12-10-2020 2/3 Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and petitioner No. 1 is not the owner of the vehicle in question and is a driver. Learned counsel further submits that petitioner No. 1 was not aware of the material/consignment kept inside the vehicle at the behest of its owner. Learned counsel also submits that petitioner No. 2 had only taken lift in the vehicle in order to reach his relative's house. The petitioners have got no criminal antecedent and they are in custody since 13.03.2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioners have got no criminal antecedents and they are in custody since 13.03.2020, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IVth - cum - Special Judge, Excise, Bhojpur at Ara, in connection with Ara Nagar P.S. Case No. 132 of 2020 (Excise Case No. 530 of 2020).

Patna High Court CR. MISC. No.26446 of 2020(2) dt.12-10-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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