Shiv Yadav @ Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41819 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== SHIV YADAV @ SHIV KUMAR YADAV Son of Late Satrughan Yadav Resident of Sakin- Phorai @ Porai, P.S.- Harnauth, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-08-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

This application for regular bail arises out of Official Complaint G.O. Case No. 117 of 2020, disclosing offence punishable under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 21.07.2020. His prayer for regular bail was earlier rejected by this Court by an order dated 04.01.2021, passed in Cr. Misc. No. 34160 of 2020 with an observation that the petitioner shall be at liberty to renew his prayer for bail after six months if, in the meanwhile, there was no substantial progress at the trial. According to the prosecution's case, 930 litres of

Patna High Court CR. MISC. No.41819 of 2021(2) dt.18-08-2021 2/2 foreign liquor was recovered from a Mahindra Pick-up van. The petitioner was found present in the vehicle.

Learned counsel for the petitioner has submitted that the petitioner has remained in custody for more than a year and there has been no substantial progress at the trial nor there is any likelihood of expeditious conclusion of the trial in future. Considering the above submission, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned 2nd Additional Sessions Judge cum Special Judge, Nawada in Official Complaint G.O. Case No. 117 of 2020. (Chakradhari Sharan Singh, J) Rajesh/- U T