Sudhanshu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28572 of 2020 Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SUDHANSHU KUMAR YADAV S/o Pradhuman Yadav Resident of VillageHirapur, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Pancha Nand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-01-2021 Heard Mr. Shubhesh Pandey, learned counsel for the petitioner and Mr. Pancha Nand Pandit, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Special Case (Excise) No. 2168 of 2019 arising out of Paroo P.S. Case No. 467 of 2019 registered for the offences punishable under Section 307/34 of the Indian Penal Code 1860, Section 27 of the Arms Act, Sections 30 and 30(a) of the Bihar Prohibition & Excise Act, 2016.

The allegation as per the First Information Report is that the Police recovered a total quantity of 2499.840 litres of illicit liquor from a Force Trax vehicle and apprehended one person namely, Dharmendra Das who disclosed that the wine in question was ordered by one Ramnarayan Singh and he along

Patna High Court CR. MISC. No.28572 of 2020(3) dt.12-01-2021 2/3 with other co-accused persons were unloading the said illicit liquor.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of disclosure made by the arrested co-accused Dharmendra Das. Learned counsel further submits that said Dharmendra Das has been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. 20992 of 2020 and similarly situated co-accused Shatrudhan Singh @ Shatrughna Singh whose bail application was rejected by the court below by its common order, has also been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 27404 of 2020. Learned counsel also submits that the petitioner is in custody since 14.5.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent and similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.28572 of 2020(3) dt.12-01-2021 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Special Case (Excise) No. 2168 of 2019 arising out of Paroo P.S. Case No. 467 of 2019. 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) S.Ali/- U T