Kaushal Kumar Yadav @ Kaushal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38917 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Kaushal Kumar Yadav @ Kaushal Yadav Son of Late Shatrohan Yadav @ Shatrughan Yadav R/O Vill.- Bangla Kamalpur, P.S.- Bishanpur, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kamtaul P.S. Case No. 88 of 2024, lodged on 02.04.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, FIR has been lodged against three named accused persons including the present petitioner. Total 150 litres of illicit liquor has been recovered which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that he has obeyed his owner as the petitioner was
Patna High Court CR. MISC. No.38917 of 2024(2) dt.27-05-2024 2/2 only the driver of the vehicle. Counsel further submits that the the criminal antecedent of the petitioner is clean and he is in custody since 03.04.2024.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has been apprehended from the place of occurrence at the time when he was driving the vehicle.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge 1st (Excise Act), Darbhanga in connection with Kamtaul P.S. Case No. 88 of 2024, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T