Nandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27485 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- SAHARGHAT District- Madhubani ====================================================== NANDESHWAR YADAV Son of Gyanchand Yadav Resident of Village - Trimuhan, P.S.- Saharghat, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Kalyan Shankar, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Saharghat P.S. Case No. 61 of 2020/ G.R. No. 688 of 2020 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 97 litres of illicit Nepali liquor from a hut/ steel hut as also 249 litres of illicit liquor from a Bolero jeep.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.27485 of 2020(2) dt.02-11-2020 2/2 implicated in the present case, is having a clean antecedent and is languishing in custody since 06.06.2020. It is also submitted that neither the vehicle nor the house/ hut from where the illicit liquor has been recovered, belongs to the petitioner. Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the period of incarceration of the petitioner herein as also the fact that it has been averred in paragraph no. 6 of the present petition that neither the vehicle nor the house/ hut from where the illicit liquor has been recovered, belongs to the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II cum Special Judge, Excise Act, Madhubani/ Incharge Successor Court in G.R. No. 688 of 2020 arising out of Saharghat P.S. Case No. 61 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U