Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4866 of 2021 Arising Out of PS. Case No.-231 Year-2020 Thana- PHULWARIYA District- Gopalganj ====================================================== SANJAY YADAV SON OF SUDARSHAN CHAUDHARY R/O VILLAGEKHUSHIYAL CHHAPAR,P.S.-BHORE, DISTRICT- GOPALGANJ. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Phulwariya PS (Sripur OP) Case No. 231/2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2018.

The allegation, as per First Information Report, is that a Honda Xcent Car bearing Registration No. DL-IR-TA 8036 was intercepted by the police and 315.00 litres of illicit liquor was recovered from the said car. The petitioner along with other coaccused tried to flee away from the said car but the petitioner was apprehended while the co-accused succeeded in fleeing away. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel further submits that the petitioner is neither the owner nor the driver of the said car. Learned counsel next submits that chargesheet in the matter has already been submitted and petitioners

Patna High Court CR. MISC. No.4866 of 2021(2) dt.26-03-2021 2/2 are in custody since 30.09.2020 having no criminal antecedents. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is neither the owner nor the driver of the car in question, he is in custody since 30.09.2020 having no criminal antecedents and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, namely, SANJAY 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 Additional District & Sessions Judge-II, Gopalganj in connection with Phulwariya PS (Sripur OP) Case No. 231/2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing. perwez (Anil Kumar Sinha, J) U T