Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43422 of 2022 Arising Out of PS. Case No.-191 Year-2021 Thana- BARSOI District- Katihar ====================================================== RAJESH KUMAR YADAV S/O SHAMBHU YADAV Resident of villageRajhat, P.S.- Banmankhi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-08-2022 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 Barsoyi P.S. Case No. 191 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is not named in the F.I.R. and is in custody since 19.02.2022.

The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 173.625 litres of IMFL/country made liquor from vehicles.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and nothing

Patna High Court CR. MISC. No.43422 of 2022(2) dt.27-08-2022 2/2 surfaced during course of investigation which may connect petitioner, prima facie, with alleged recovery of illicit liquor. It is submitted that petitioner is a man of clean antecedent, moreover, investigation is complete, where charge-sheet has been submitted.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nothing surfaced during course of investigation to connect petitioner, prima facie, with alleged recovery of illicit liquor, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barsoyi P.S. Case No. 191 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Special Excise Court No.2, Katihar/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T