Ramendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40264 of 2020 Arising Out of PS. Case No.-73 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== RAMENDRA YADAV SON OF SHIVPUJAN YADAV @ SHIVPUJAN CHAUDHARY RESIDENT OF VILLAGE KOJNL, BAZAR POLICE STATION MANJHAGARH, DISTRICT GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gautam Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2021 Heard Mr. Gautam Kumar Yadav, learned counsel for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 73 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that a total quantity of about 42 liters of illicit liquor has been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.40264 of 2020(2) dt.24-02-2021 2/3 alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the illicit liquor which has been recovered from the house of the petitioner is joint family property and other family members as well as co-sharers reside therein. Learned counsel also submits that the petitioner has been remanded in this case from another case on 1.10.2020 and he is in custody since then. Learned counsel next submits that the charge sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 1.10.2020 and charge sheet has already been submitted, 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IInd cum Special Judge, Excise, Gopalganj, in connection with Manjhagarh P.S. Case No. 73 of 2020 subject to the condition that the petitioner will

Patna High Court CR. MISC. No.40264 of 2020(2) dt.24-02-2021 3/3 not repeat the same offence in future.

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

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