Yashbant Kumar @ Vicky Ray @ Yashwant Kumar @ Yashvant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50996 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- ROSERA District- Samastipur ====================================================== YASHBANT KUMAR @ VICKY RAY @ YASHWANT KUMAR @ YASHVANT KUMAR Son of Bambam Ray Resident of Village- Ghatotar (Bhatotar/ Batotar), P.S.- Rosera, District- Samastipur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Keshav Srivastava, Sr. Adv.
Mr. Sarbottam Kumar Sarkar, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard Mr. Keshav Srivastava, learned senior counsel for the petitioner and Mr. Arun Kumar, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks regular bail in connection with Rosera PS Case No. 174/2021 registered for the offence punishable under Sections 272, 273/34 of the IPC and Section 30(a) of Bihar Prohibition & Excise Act 2016. As per First Information Report, the police, on the basis of information, arrested two accused persons and upon their disclosure recovered 337.470 liters of illicit liquor and two motorcycles from the bamboo orchard situated behind the house of one Mukesh Kumar.
Learned senior counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with
Patna High Court CR. MISC. No.50996 of 2021(2) dt.15-04-2022 2/2 oblique motive. He further submits that no illicit liquor has been recovered from the conscious possession of the petitioner or from the premises belonging to him. Learned counsel next submits that the co-accused, Minshu Raj has been granted bail by a Co-ordinate Bench of this court vide Cr. Misc. No. 43043/2021 and the petitioner is in custody since 06.06.2021. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that a co-accused person has been granted bail by a Coordinate Bench of this Court, petitioner is in custody since 06.06.2021 and the charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, YASHBANT KUMAR @ VICKY RAY @ YASHWANT KUMAR @ YASHVANT KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with Rosera PS Case No. 174/2021.
(Anil Kumar Sinha, J) perwez U T