Yugal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6207 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- FESHAR District- Aurangabad ====================================================== YUGAL YADAV son of Jagdish Yadav @ Jagdip Yadav Resident of VillageGheghwa, P.S.- Feshar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-04-2021 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and Md. Aslam Ansari, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Fesar P.S. Case No. 100 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 on getting information, proceeded towards the place of occurrence and upon seeing the Police party, the petitioner tried to flee away, but was caught and Police recovered 360 litres of illcicit country made liquor from 12

Patna High Court CR. MISC. No.6207 of 2021(2) dt.12-04-2021 2/3 bags kept on the road.

Learned senior counsel for the petitioner submits that from perusal of the First Information Report and the seizure list it would be evident that the liquor has been recovered from the road and not from the conscious possession of the petitioner. Learned counsel next submits that the petitioner has got no criminal antecedent and he is in custody since 8.10.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that illicit country made liquor has not been recovered from conscious possession of the petitioner, he is in custody since 8.10.2020 and 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 Additional District and Sessions Judge-II cum Special Judge, Excise, Aurangabad, in connection with Fesar P.S. Case No. 100 of

Patna High Court CR. MISC. No.6207 of 2021(2) dt.12-04-2021 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