Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52619 of 2021 Arising Out of PS. Case No.-130 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== KRISHNA YADAV S/o Suryadev Resident of Village- Tetarpur, P.S.- Narhi, District- Ballia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Ramgarh (Nuaon) P.S. Case No. 130/2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation, as per the First Information Report, is that the Police intercepted a pick up van and recovered 322.680 litres of illicit liquor from the same. The pick up van was being driven by its driver namely Bengwa @ Ritesh who was arrested on spot. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case only because the petitioner happens to be the owner of the pick up van. He further submits that the pick up van is a

Patna High Court CR. MISC. No.52619 of 2021(2) dt.29-04-2022 2/2 commercial vehicle and the driver was plying the vehicle on hire basis. The petitioner was not aware about the illicit liquor being kept in the said pick up van. He next submits that the petitioner is in custody since 29.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 29.6.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Excise, Kaimur at Bhabhua in connection with Ramgarh (Nuaon) P.S. Case No. 130/2021.

(Anil Kumar Sinha, J) S.Ali/- U T