Devendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6290 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== DEVENDRA YADAV SON OF RAM PRIT YADAV RESIDENT OF VILLAGE - GHORMOHNA P. S- LALMANIYA, DIST. - MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Shubham For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Ms. Kumari Shubham, learned counsel for the petitioner and Mr. Bharat Lal, learned counsel appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Laukaha P.S. Case No. 31 of 2020 giving rise to G.R. No. 231 of 2020 registered for the offence under Section 272 / 273 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.
The allegation as per the First Information Report is that a Sumo Victa vehicle was intercepted by SSB personnel and upon seeing the Police party the person who was driving the vehicle fled away, however, one person sitting next to the driver's seat was arrested by the Police, who disclosed his name as Ram Nath Ram and further disclosed that petitioner, who is
Patna High Court CR. MISC. No.6290 of 2021(2) dt.15-04-2021 2/3 the owner of the vehicle was driving and succeeded in fleeing away. Police upon search recovered 450 liters of illicit Nepali liquor from the said vehicle.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of disclosure of his name by the co-accused / Ram Nath Ram and he has been implicated in this case merely because he happens to be the owner of the vehicle. Learned counsel next submits that petitioner has got no criminal antecedent and the vehicle in question was being plied on hire basis by its driver and the petitioner was not aware about illicit liquor being kept therein. Learned counsel next submits that petitioner is in custody since 03.10.2020.
Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the justification given by the petitioner, further the petitioner is in custody since 03.10.2020 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.6290 of 2021(2) dt.15-04-2021 3/3 satisfaction of learned Additional Sessions Judge -II cum Special Judge Excise Act, Madhubani in connection with Laukaha P.S. Case No. 31 of 2020 giving rise to G.R. No. 231 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T