Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24148 of 2020 Arising Out of PS. Case No.-95 Year-2019 Thana- HATHAURI District- Samastipur ====================================================== GOVIND YADAV Son of Rupkant Yadav Resident of Village - Kankar, P.S. - Hathauri Shvraj Nagar (OP), Dist. - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard Mr. Sabal Kumar Jha, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Hathouri P.S. Case No. 95 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner as per the First Information Report is that Police got a secret information that the petitioner along with other accused persons have kept illicit liquor in the newly constructed house of co-accused Chandrakant Yadav for sale, proceeded towards the place of occurrence and recovered a total quantity of 64.710 liters of

Patna High Court CR. MISC. No.24148 of 2020(2) dt.21-09-2020 2/3 illicit foreign liquor from the said house.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of secret information only. Learned counsel further submits that from perusal of the First Information Report and the seizure list it would be evident that illicit liquor has been recovered from the newly constructed house of Chandrakant Yadav and not from the premises belonging to the petitioner. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he is in custody since 03.03.2020.

Having regard to the submissions made by the parties, taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent and he is in custody since 03.03.2020 , I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge 3rd cum Special Judge Excise Samastipur in connection with Hathouri

Patna High Court CR. MISC. No.24148 of 2020(2) dt.21-09-2020 3/3 P.S. Case No. 95 of 2019.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T