Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33683 of 2020 Arising Out of PS. Case No.-162 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== NIRAJ YADAV S/o Damodar Prasad Yadav R/o Hasanganj, P.S.- Safiabad, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-03-2021 Heard Mr. Girish Chandra Jha, learned counsel for the petitioner and Ms. Shaheen Begum, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Munger Mufassil P.S. Case No. 162 of 2020 dated 28.06.2020 instituted for the offences under Sections 30/32 of Bihar Prohibition and Excise Act, 2018.

It appears from the prosecution report that 184 litres of liquor was recovered from a vehicle bearing Registration No. BR10GA-1434 which is stated to be of the petitioner.

Learned counsel for the petitioner has submitted that he had given the vehicle to his driver and cleaner for plying it on commercial basis on road with

Patna High Court CR. MISC. No.33683 of 2020(2) dt.18-03-2021 2/2 specific instruction not to use the vehicle for any illegal purpose. Playing truant, the driver and the cleaner of the vehicle have made an attempt to transport liquor despite ban on sale, purchase and consumption of liquor in the State of Bihar.

The petitioner does not have criminal antecedents.

Considering the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 3rd -cum-Special Judge (Excise), Munger in connection with Munger Mufassil P.S. Case No. 162 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T