Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23962 of 2020 Arising Out of PS. Case No.-205 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== NIRAJ YADAV, S/o Rajesh Yadav, Resident of Village-Mahtbaniya Halt, P.S.- Udwantnagar, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 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 Brahmpur Police Station Case No. 205 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that in course of patrolling, the police intercepted one motorcycle and arrested the petitioner along with 65 litres of illicit liquor. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and referring to paragraph 7 of this application, he submits that

Patna High Court CR. MISC. No.23962 of 2020(2) dt.18-09-2020 2/2 the petitioner is not the owner of the motorcycle in question. He further submits that the petitioner has got no criminal antecedent and he is in custody since 29.04.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle in question and he is in custody since 29.04.2020, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, 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 Additional Sessions Judge-II -cumSpecial Judge, Excise, Buxar, in connection with Brahmpur Police Station Case No. 205 of 2020.

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

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