Surya Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49780 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- CHANDAN District- Banka ====================================================== Surya Kumar Yadav Son of Rasik Yadav Village - Milkichak, P.S.- Naya Ram Nagari, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Chandan P.S. Case No. 75 of 2022 lodged under Sections 30(a), 32(2) of Bihar Prohibition and Excise Act, 2018. As per the prosecution case, the total recovery of 1093.8 litre of country made and foreign wine is the subject matter of the present case.

Learned counsel for the petitioner submits that the said recovery was made from the pick up van of which the petitioner was the driver. Learned counsel further submits that the antecedent of the petitioner is clean and he is in custody

Patna High Court CR. MISC. No.49780 of 2022(2) dt.18-11-2022 2/2 since 19.04.2022. Learned counsel further submits that the petitioner is completely unaware about the fact that the said wine is loaded on the truck.

Learned counsel further submits that charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Chandan P.S. Case No. 75 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T