Nikil Yadav @ Nikhil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25975 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- SIMRI District- Buxar ====================================================== NIKIL YADAV @ NIKhIL YADAV, Male, aged about 22 years, Son of Ramjee Yadav Resident of Village- Purana Bhojpur, Police Station- Dumraon in the district of Buxar ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Adv.

For the Opposite Party :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner seeks bail in connection with Excise Case No. 260 of 2019 (Simri (R.D.R.O.P.) P.S. Case No. 71 of 2019) for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during patrolling they intercepted TVS motorcycle driven by the petitioner, who on seeing the police tried to flee away. From the bag in the motorcycle 23.400 liters of Indian made foreign liquor was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, nothing has been recovered from his conscious possession and

Patna High Court CR. MISC. No.25975 of 2019(2) dt.03-05-2019 2/2 is languishing in judicial custody since 07.03.2019. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and that the petitioner does not bear any criminal antecedent, as stated in paragraph 3 of the present application, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 260 of 2019 (Simri (R.D.R.O.P.) P.S. Case No. 71 of 2019) to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Buxar, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T