Rajdhani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42884 of 2021 Arising Out of PS. Case No.-1120 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== RAJDHANI YADAV S/o Late Hari Shankar Yadav R/o village- Padminia, P.S.- Krishngarh, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-02-2022 Heard.

The petitioner seeks regular bail in connection with Excise Case No. 1120 of 2021, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 311.400 liters of illicit country made Mahua liquor from a Bolero vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody

Patna High Court CR. MISC. No.42884 of 2021(2) dt.14-02-2022 2/3 since 15.6.2021. The learned counsel for the petitioner has further submitted by referring to paragraph No. 7 of the present petition that the petitioner has got no concern either with the illicit liquor or with the seized Bolero vehicle. It is further submitted that no illicit liquor has been recovered from the conscious possession of the petitioner. Per contra, Mr. Amit Kumar Rakesh, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the vehicle in question is stated to be not belonging to the petitioner, the petitioner is having a clean antecedent and moreover, the illicit liquor has not been recovered from the conscious possession of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named,

Patna High Court CR. MISC. No.42884 of 2021(2) dt.14-02-2022 3/3 is directed to be released on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court of Addl. Sessions Judge-IV-cum Spl. Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1120 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T