Chunchun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36302 of 2021 Arising Out of PS. Case No.-66 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== CHUNCHUN YADAV Son of Ramu Yadav Resident of Village -Soili, P.S.- Benipatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Benipatti P.S.Case No. 66/2021, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 423 liters of illicit liquor from a Scorpio vehicle. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is

Patna High Court CR. MISC. No.36302 of 2021(2) dt.14-12-2021 2/3 having a clean antecedent and he is languishing in custody since 29.3.2021. The learned counsel for the petitioner has referred to paragraph no. 11 of the present petition to submit that he has got no connection with the seized Scorpio vehicle or the seized liquor wine.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is not the owner of the seized Scorpio vehicle and he is languishing in custody since 29.3.2021, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-

Patna High Court CR. MISC. No.36302 of 2021(2) dt.14-12-2021 3/3 cum-Special Judge, Excise Act, Madhubani in connection with Benipatti P.S.Case No. 66/2021. (Mohit Kumar Shah, J) Ajay/- U T