Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56995 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- AMAS District- Gaya ====================================================== MITHILESH YADAV S/o Deocharan Yadav @ Nageshwar Yadav R/o village- Delho, P.S.- Raushanganj (Bankey Bazar), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-05-2022 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 Amas P.S. Case No. 179 / 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2018.

The prosecution case as per the First Information Report is that the Police intercepted the Motorcycle of the petitioner and recovered 10 litres country made liquor and one plastic drum having capacity of 200 litres.

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 by the Police with oblique motive. Learned counsel further submits that during seizure procedures prescribed under Section 100 of the Cr.P.C. and the Excise Act have not been followed. Learned

Patna High Court CR. MISC. No.56995 of 2021(2) dt.20-05-2022 2/2 counsel next submits that similarly situated co-accused / Lala Yadav @ Lal Babu Yadav has been granted privilege of bail by this Court in Cr. Misc. No. 52805 of 2021. The petitioner is in custody since 17.07.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties, taking into consideration the materials on record, the fact that the petitioner is in custody since 17-07-2021, charge sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence and similarly situated co-accused has been granted bail by this Court, as such, 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 - IInd -cum-Special Judge, Excise Act, Gaya in connection with Amas P.S. Case No. 179 of 2021.

praful/- (Anil Kumar Sinha, J) U T