Dhirendra Kumar @ Dhirendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40397 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- OBRA District- Aurangabad ====================================================== DHIRENDRA KUMAR @ DHIRENDRA YADAV Son of Krishna Yadav Resident of Village- Gauri, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Obra P.S. Case No. 97 of 2021 (G.R. No. 621 / 2021) registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per the first information report Police on the basis of secret information that consignment of liquor was being unloaded from a truck upon a Bolero vehicle, proceeded towards the place of occurrence and upon seeing police party some of the accused persons started fleeing away, however, Police arrested three persons including the petitioner from the truck and two persons from the Bolero and a total quantity of 2397 liters of illicit liquor was recovered from the truck and Bolero.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive having no criminal antecedent. He further submits that petitioner has taken a lift in the truck and was not aware about

Patna High Court CR. MISC. No.40397 of 2021(2) dt.27-01-2022 2/2 illicit liquor being kept therein. One of the co-accused, who was found sitting in the truck and arrested along with the petitioner namely, Mithilesh Singh has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 40187 / 2021 vide order dated 08 / 10 / 2021. The petitioner is in custody since 12/5/2021 and charge sheet has already been submitted. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 12-5-2021, charge sheet has already been submitted 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. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District & Sessions Judge- IInd cum Special Judge Excise, Aurangabad in connection with Obra P.S. Case No. 97 of 2021 (G.R. No. 621 / 2021). praful/- (Anil Kumar Sinha, J) U T