Mithu Yadav @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2645 of 2021 Arising Out of PS. Case No.-401 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== MITHU YADAV @ MITHLESH YADAV S/o Sri Raja Ram Yadav R/o village- Kumar Chakki, P.S.- Mufassil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-03-2021 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Khagaria (Mufassil) P.S. Case No. 401 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The allegation as per the First Information Report is that the Police got secret information that the petitioner has brought consignment of liquor and has kept near his vestibule (Dalan), proceeded towards the place of occurrence and upon seeing the Police party, the petitioner succeeded in fleeing away. However, the Police recovered 639 litres of illicit liquor from

Patna High Court CR. MISC. No.2645 of 2021(2) dt.16-03-2021 2/3 vestibule (Dalan) of the petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case by the Police with oblique motive. Learned counsel further submits that from perusal of the First Information Report and the seizure list, it would be evident that the illicit liquor has been recovered from the vestibule (Dalan) of the petitioner which is an open space and accessible to all and sundry. Learned counsel also submits that the petitioner is in custody since 11.09.2020 and 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, the fact that the petitioner has got no criminal antecedent and he is in custody since 11.09.2020 as well as charge sheet has already been submitted in the matter, 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 Special Judge (Excise Act), Khagaria, in connection with Khagaria (Mufassil) P.S. Case No. 401 of

Patna High Court CR. MISC. No.2645 of 2021(2) dt.16-03-2021 3/3 2020.

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