Sanjay Yadav @ Sanjay Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43117 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== SANJAY YADAV @ SANJAY PRASAD YADAV S/O LATE MAHADEO YADAV R/O VILLAGE-BANDI TOLA KALYANPUR, P.S-NEEMCHAK BATHANI, DISTRICT-GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Neemchak Bathani P.S. Case No. 32/2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Police recovered 76.125 litres of illicit foreign liquor from the trough (Naad) situated at the door of the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and illicit

Patna High Court CR. MISC. No.43117 of 2021(2) dt.03-02-2022 2/3 foreign liquor has not been recovered either from his conscious possession or inside his house. He further submits that from perusal of the seizure list it would be evident that the illicit liquor has been recovered from the trough (Naad) situated outside the house of the petitioner near the door which is an open space accessible to all and sundry. He next submits that the petitioner is in custody since 8.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 8.3.2021, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II - cum Special Judge, Excise Act, Gaya, in connection with Neemchak Bathani P.S. Case No. 32/2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.43117 of 2021(2) dt.03-02-2022 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T