Jaypal Yadav @ Kaua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39478 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Jaypal Yadav @ Kaua Son of Late Mauji Singh Resident of Village - Hardas Bigha, Police Station- Khusrupur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dipnagar P.S. Case No. 60 of 2022 registered for the offence under Sections 30(a), 32(i)(ii), 36, 41(i) of the Bihar Prohibition and Excise Act, 2018.

The accused/petitioner is named in the F.I.R. and is in

Patna High Court CR. MISC. No.39478 of 2022(2) dt.20-08-2022 2/3 custody since 09.02.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 322.08 litres of IMFL/country made liquor from the Truck bearing registration no. BR01GC-7485.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is co-accused driver of the alleged truck from where illicit liquor was recovered where nothing surfaced that petitioner was under knowledge to have consignment of alleged illicit liquor. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as recovery of illicit liquor cannot be said to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dipnagar P.S. Case No. 60 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.39478 of 2022(2) dt.20-08-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Nalanda at Biharsharif/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T