Dhirndra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40333 of 2020 Arising Out of PS. Case No.-97 Year-2020 Thana- SAHARGHAT District- Madhubani ====================================================== DHIRNDRA KUMAR YADAV SON OF LATE BINOD YADAV RESIDENT OF VILLAGE- RAIMA, P.S.- SAHARGHAT, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Saharghat Police Station Case No. 97 of 2020, registered for the offence punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report, is that the police recovered 18 litres of illicit liquor from the house of the petitioner.

Learned 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 due to village politics. He next submits that the petitioner has got no criminal

Patna High Court CR. MISC. No.40333 of 2020(2) dt.02-03-2021 2/2 antecedent and the procedure prescribed for search and seizure has not been followed by the police at the time of recovery of illicit liquor from the house of the petitioner. He next submits that the petitioner is in custody since 20.08.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 20.08.2020, having no criminal antecedent and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Madhubani, in connection with Saharghat Police Station Case No. 97 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √