Om Prakash Yadav @ Prakash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7859 of 2021 Arising Out of PS. Case No.-297 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== OM PRAKASH YADAV @ PRAKASH KUMAR YADAV ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-04-2021 Heard Mr. Gagandeo Yadav, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with G.O. Case No. 297 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that the Motorcycle of the petitioner was intercepted and 45 litres of illicit Nepali liquor was recovered from the same. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case with oblique motive. Learned counsel

Patna High Court CR. MISC. No.7859 of 2021(2) dt.16-04-2021 2/2 further submits that the petitioner is in custody since 31.12.2019 and prosecution/investigation report has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 31.12.2019 and prosecution/investigation report has already been submitted in the matter as well as there is no likelihood that the petitioner will abscond or tamper with the evidence, 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 Sessions Judge-II-cum Special Judge, Excise Act, Madhubani, in connection with G.O. Case No. 297 of 2019.

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