Sri Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2669 of 2021 Arising Out of PS. Case No.-1419 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== SRI RAM YADAV, son of Rameshwar Yadav Resident of Village- Manpur, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2021 Heard Mr. Rajani Ranjan Pd. Singh, learned Counsel for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Excise Case No. 1419 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act. The allegation, as per the First Information Report is that a Lunna bike, being driven by the petitioner, was intercepted and police recovered total quantity of 50 litres of illicit liquor from the same.

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. Learned counsel next submits that at the time of search and seizure, the procedure prescribed under Section 100 Cr.P.C. has not been followed.

Patna High Court CR. MISC. No.2669 of 2021(2) dt.17-03-2021 2/2 Learned counsel further submits that petitioner is in custody since 04.10.2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 04.10.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Sri Ram Yadav, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-Spl. Judge (Excise), Bhojpur at Ara, in connection with Excise Case No. 1419 of 2020.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing. (Anil Kumar Sinha, J) sanjeev/- U T