Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64864 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SUNIL YADAV Son of Nilkanth Mahto @ Nilkanth Yadav Resident of Village- Sikdardih, Ward No.001, Police Station- Jasidih, District- Deoghar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Lakhisarai Excise P.S. Case No. 76C2 of 2021 instituted for the offences under Sections 30(a), 30(b), 30(d), 32(1), 32(2), 32(3), 33, 36, 41(1), 41(2), 47, 56(a) and 56(b) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 160 litre of spirit along with mobile and other articles from a Wagon R Car. Learned counsel for the petitioner submits that the petitioner is in custody since 27.05.2021, is a person with clean antecedent and charge-sheet has been submitted.

Patna High Court CR. MISC. No.64864 of 2021(2) dt.04-02-2022 2/2 Learned counsel for the petitioner further submits that petitioner is neither the owner nor the driver of the car and he had taken lift in the car, thus, he was not aware what was kept in the car.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted, let the petitioner above named be released on bail on furnishing bail bond of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Lakhisarai in connection with Lakhisarai Excise P.S. Case No. 76C2 of 2021.

(Satyavrat Verma, J) Kundan/- U T