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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34067 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== ABHISHEK YADAV @ ABHISHEK KUMAR YADAV Son of Birender Yadav Resident of Village - Thepahan, P.S. - Ziradei, District - Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Akshay Lal Pandit For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Mairwa P.S. Case No. 81 of 2020 registered for the offence punishable under Sections 30(a), 38(i), 41(i) of the Bihar Excise Act, 2016.

It is the prosecution's case that one Aditya Kumar Pathak was apprehended by the police with illicit liquor. He, allegedly, disclosed to the police that two Wagon-R cars would be while crossing UP-Bihar border in the night. The petitioner's name was disclosed as one of the persons, who was supposed to carry illicit liquor in the said two vehicles. The police are said to have intercepted the vehicles in the night and recovered huge quantity of illicit liquor. The persons, who were occupying the vehicle alleged, managed to escape. It is, thus, on the basis of

Patna High Court CR. MISC. No.34067 of 2020(3) dt.20-01-2021 2/2 disclosure made by co-accused Aditya Kumar Pathak that the petitioner has been named in the First Information Report. Learned counsel appearing on behalf of the petitioner has argued that the petitioner is not the owner of either of the cars and there is no material other than the socalled disclosure made by co-accused Aditya Kumar Pathak for his implication in the present case. The petitioner is in custody since 20.08.2020.

Considering the fact that the said statement of Aditya Kumar Pathak is the only material for the petitioner's implication as is evident from the First Information Report, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-II-cum-Special Judge Excise, Siwan, in Mairwa P.S. Case No. 81 of 2020.

(Chakradhari Sharan Singh, J) Pawan/- U T