Vijay Bahadur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23600 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== VIJAY BAHADUR YADAV Son of Akshay Kumar Yadav Resident of Village - Majhigawan, P.S.- Chainpur, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Chainpur Police Station Case No. 141 of 2020, registered for the offences punishable under Sections 30 (a)/30 (D) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police intercepted one motorcycle and recovered 15 litres of illicit country-made liquor from the same and arrested one accused, namely, Jawahir Bind, who disclosed that he has bought the liquor from Manjhi village, where the illicit countrymade liquor is being prepared. The police, on the basis of the statement made by the arrested co-accused person, proceeded

Patna High Court CR. MISC. No.23600 of 2020(3) dt.04-11-2020 2/3 towards the Manjhi Village and arrested the petitioner as well as recovered some apparatus for manufacturing illicit liquor along with 70 litres of illicit country-made liquor from near the bank of the river.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case and he has also got no criminal antecedent. He further submits that no illicit liquor has been recovered from the conscious possession or the premises belonging to the petitioner. He further submits that the petitioner is in custody since 15.05.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and he is in custody since 15.05.2020, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge -cum- Special Judge, Kaimur, at Bhabhua, in connection with Chainpur Police Station

Patna High Court CR. MISC. No.23600 of 2020(3) dt.04-11-2020 3/3 Case No. 141 of 2020.

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

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √