Nitesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25626 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== NITESH YADAV S/o Haresh Yadav Resident of Village-Bhagwan Tola, P.S.- Uchkagaon, District-Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mr. Vyas Kumar Mishra, learned counsel for the petitioner and Mr. Arun Kumar Pandey, 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 Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act, 2016.
The allegation against the petitioner as per the First Information Report is that the Police intercepted a silver colour Hyundai Car and upon seeing the Police party, persons sitting in the Car started fleeing away, however, upon chase, Police arrested one person namely, Binod Kumar Singh and two persons succeeded in fleeing away. It has further been alleged
Patna High Court CR. MISC. No.25626 of 2020(2) dt.29-09-2020 2/3 that the arrested accused person disclosed the name of the petitioner and another Ritesh Yadav and a total quantity of 105.06 litres 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 this 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 persons have been granted bail by a co-ordinate Bench of this Court vide order dated 26.06.2020 passed in Cr. Misc. 21028 of 2020 and order dated 28.09.2020 passed by this Court in Cr. Misc.25639 of 2020 respectively. The petitioner is in custody since 17.06.2020. Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that petitioner has got no criminal antecedent, he is in custody since 17.06.2020 and similarly situated co-accused persons have been granted bail by this Court as well as coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.25626 of 2020(2) dt.29-09-2020 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge Excise, Gopalganj, 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) S.Ali/- U T