Arjun Kumar Yadav @ Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62749 of 2021 Arising Out of PS. Case No.-378 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== ARJUN KUMAR YADAV @ ARJUN KUMAR S/o- Bechan Yadav Resident of Village- Saharghat Ram Nagar, Ward No.5, P.S.- Saharghat, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with C2 case no. 378 of 2021 instituted for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 180 liters of illicit Nepali Saufi wine from two vehicles. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 07.08.2021. The learned counsel for the petitioner has further submitted by referring to paragraph

Patna High Court CR. MISC. No.62749 of 2021(2) dt.09-06-2022 2/2 no. 7 of the present petition that the vehicles in question does not belong to the petitioner.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the vehicles from which the illicit liquor has been recovered does not belong to the petitioner apart from the fact that the petitioner is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.D.J. II-cum-Special Judge, Excise Act, Sitamarhi in connection with C2 case no. 378 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T