Dhiraj Yadav @ Dheeraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.655 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== DHIRAJ YADAV @ DHEERAJ YADAV son of Ram Suchit Yadav Resident of Village- Pratap Sagar, P.S.- Dumraon, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rang Nath Choubey, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2021 Heard Mr. Rang Nath Choubey, learned counsel for the petitioner and Mr. Uday Chand Prasad, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Buxar (Industrial) PS Case No. 171/2020 registered for the offence punishable under Sections 30(a) of Bihar Prohibition & Excise Act 2018.

3. The allegation, as per First Information Report, is that a tempo bearing Registration No. BR44/2277 being driven by the petitioner was intercepted by the police and total quantity of 296 litres of illicit liquor kept in fruit cartons were recovered from the said tempo. It is further alleged that at the instance of petitioner, seven litres of illicit liquor has been recovered from an orchard also.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.655 of 2021(3) dt.22-03-2021 2/3 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of the fact that the tempo in question was being driven by him. Learned counsel further submits that illicit liquor was being carried by the passengers who were also arrested along with the petitioner and no illicit liquor has been recovered from the conscious possession of the petitioner. Learned counsel next submits that petitioner has got no criminal antecedent and he is in custody since 13.09.2020 and the charge-sheet in the matter has also been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, if he is released on bail.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner having no criminal antecedent is in custody since 13.09.2020 and the charge-sheet has also been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, DHIRAJ YADAV @ DHEERAJ YADAV be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.655 of 2021(3) dt.22-03-2021 3/3 like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Buxar in connection with Buxar (Industrial) PS Case No. 171/2020.

7. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T