Rupesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4062 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== RUPESH YADAV, SON OF RAM CHANDRA YADAV Resident of Village - Banshipur, Ward no.5, P.s.- Kiul, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard Mr. Manoj Kumar, learned Counsel for the petitioner and Mr. A. L. Pandit, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Excise Case No. 140C2/dated 11.10.202, disclosing offences under Sections 30(a), 32, 41 and 56(a), 56(b) of the Bihar Prohibition and Excise Act, 2016.

The allegation, as per the First Information Report is that a motorcycle was intercepted by the Excise Official and upon seeing them, the accused persons tried to flee away but one of them was apprehended and upon search 40 litres of illicit liquor was recovered from the said motorcycle and the apprehended accused person disclosed his name as Rupesh

Patna High Court CR. MISC. No.4062 of 2021(2) dt.23-03-2021 2/3 Yadav, i.e., 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 merely because he was sitting as a pillion rider on the said motorcycle and he is not the owner of the motorcycle. Learned counsel next submits that no illicit liquor has been recovered from the conscious possession of the petitioner and he has got got no criminal antecedent. Learned counsel further submits that petitioner is in custody since 12.10.2020 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 12.10.2020 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, Rupesh 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 District and Sessions Judge-IInd-cum-

Patna High Court CR. MISC. No.4062 of 2021(2) dt.23-03-2021 3/3 Special Judge, Lakhisarai, in connection with Excise Case No. 140C2/dated 11.10.202.

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