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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36158 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Rajiv Kumar Yadav @ Rajiv Yadav S/o Ramtrith Yadav @ Ramtirth, Resident of village- Baburiya, Ps.- Mohamdabad, District- Farukhabad (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and Mr. Navin Kumar Pandey, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Excise Case No. 279 of 2020 for the offence punishable under Sections 30 (a), 32, 41(i) (ii) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and the petitioner is stated to be the driver of the said truck.

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 28.08.2020. The learned counsel for the petitioner has further submitted that the petitioner is

Patna High Court CR. MISC. No.36158 of 2020(2) dt.27-01-2021 2/2 merely a driver of the truck in question, however, the main accused persons are the owners of the said truck and illicit liquor.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

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 period of incarceration of the petitioner herein as also the fact that the petitioner is merely a driver of the truck in question, from which the illicit liquor has been seized, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII cum Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 279 of 2020.

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