Vivek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42853 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== VIVEK YADAV SON OF RAMBILASH YADAV RESIDENT OF VILLAGE NARKATIYA, PO NARKATIYA, PS NAUTAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023

1. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Hathua P.S. Case No.127 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 30.05.2023.

4. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 1060.920 litres of IMFL.

5. Learned counsel appearing on behalf of the petitioner submitted that the recovery of alleged illicit liquor appears to be made from Scorpio vehicle, which was jointly occupied and not from the conscious physical possession of this petitioner. While concluding the argument, it is submitted that

Patna High Court CR. MISC. No.42853 of 2023(2) dt.26-07-2023 2/2 petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, chargesheet has already submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above as alleged illicit liquor was recovered from jointly occupied vehicle coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 30.05.2023, accordingly, petitioner, above named, is directed to be released on bail in connection with Hathua P.S. Case No.127 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IIcum Special Excise Judge-01, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Tripathi/- U T