Ram Chandra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25059 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RAM CHANDRA KUMAR YADAV, Male, aged about 27 years, Son Of Trigunath Rai Resident Of Village- Fulchak Chirand, PS- Doriganj, DisttSaran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Siwan Excise P.S. Case No. 231 of 2023 dated 05.03.2023 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of 259.200 litres of illicit liquor and the same is stated to have been recovered from petitioner's tractor's trolley but in fact at the time of recovery, the said tractor was in the possession of the petitioner's driver who took the tractor for transporting some bricks to someone but petitioner's vehicle

Patna High Court CR. MISC. No.25059 of 2023(2) dt.15-05-2023 2/2 was misused by his driver without his knowledge. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 12.03.2023 and against him, the investigation has been completed and petitioner is not named in the FIR and the recovery of the alleged liquor was not made from the physical or conscious possession of this petitioner and the seizure list witnesses are the police personnel.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly fair and clean antecedent of the petitioner and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Siwan Excise P.S. Case No. 231 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T