Ritesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25639 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== RITESH YADAV S/o Sugriv Yadav @ Shivji Yadav Resident of VillageHarkhauli, P.S.-Mirganj, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra For the Opposite Party/s :
Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2020 Heard Mr. Vyas Kumar Mishra , learned counsel for the petitioner and Mr. Binod Kumar No.3, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Phulwariya P.S. Case No. 68 of 2020 registered for the offence punishable under Section 30(a) / 32 (2 ) / 41 (1) of the Bihar Prohibition and Excise (Amendment ) Act, 2018. The allegation against the petitioner as per the First Information Report is that Police intercepted a silver colour Hyundai Car and upon seeing the Police party, persons sitting on the Car started fleeing away, however, upon chase, Police arrested one namely, Binod Kumar Singh and two persons succeeded in fleeing away. It has further been alleged that the
Patna High Court CR. MISC. No.25639 of 2020(2) dt.28-09-2020 2/3 arrested accused person disclosed the name of the petitioner and one another Nitesh Yadav and a total quantity of 105.06 liters of illicit liquor has been recovered from the dickey of the Car in question.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. Learned counsel referring to paragraph no. 9 of the petition submits that petitioner is not the owner of the Car in question and he has been dragged in this case on the basis of statement made by the arrested co- accused. Learned counsel further submits that the arrested co-accused has been granted bail by this court in Cr. Misc. No. 21028 of 2020 by order dated 26.06.2020 and the petitioner is in custody since 17.06.2020. Having regard to the submissions made by the parties , taking into consideration the material available on record , the fact that petitioner has got no criminal antecedent , he is in custody since 17.06.2020 and similarly situated accused has been granted bail by 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.25639 of 2020(2) dt.28-09-2020 3/3 satisfaction of learned Additional District and Sessions Judge - II - cum - Special Judge Excise, Gopalganj / court concerned in connection with Phulwariya P.S. Case No. 68 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) praful/- U T