Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48431 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- BARSOI District- Katihar ====================================================== GOPAL YADAV S/o- VIRENDRA KUMAR YADAV @ BIRENDRA PRASAD YADAV Resident of Village- Boluwa Kamat, P.S.- Ranipatra Muffasil, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barsoi PS case no. 44 of 2021 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and Sections 30(a)/41/47 of Bihar Prohibition & Excise Act, 2016. The allegation is regarding recovery of 578.280 liters of illicit liquor from a tractor and the petitioner was arrested while he was travelling in the said tractor. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 16.04.2021. The learned

Patna High Court CR. MISC. No.48431 of 2021(2) dt.03-03-2022 2/3 counsel for the petitioner, by referring to paragraphs no. 9 and 10 of the present petition, has further submitted that the petitioner is not the owner of the tractor in question and in fact, he had taken a lift from the driver of the tractor for the purposes of travelling back to his home, however he was oblivious of the fact that the tractor was loaded with illicit liquor.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the averments of petitioner made in paragraphs no. 9 and 10 of the present petition to the effect that he is neither the owner of the tractor in question nor the driver of the tractor, apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J. II-cum- Special

Patna High Court CR. MISC. No.48431 of 2021(2) dt.03-03-2022 3/3 Judge (Excise) Act, Katihar in connection with Barsoi PS case no. 44 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T