Yogendra Yadav @ Yogendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64889 of 2021 Arising Out of PS. Case No.-69 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== Yogendra Yadav @ Yogendra Kumar Yadav Son of Shiv Kumar Yadav Resident of Village - Kaudiyahi, P.S.- Laukahi, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 The case has been taken out of turn based on the mentioning of the learned counsel for the petitioner on the ground that the petitioner is a student of Intermediate of Arts and his examination is commencing from 01.02.2022 and in support of which he has brought on record the provisional certificate and registration certificate issued by the Bihar School Examination Board (B.S.E.B.), Patna by filing a supplementary affidavit. The admit card of the petitioner is annexed with the mentioning slip as it has been submitted that while filing the supplementary affidavit by that time the admit card of the petitioner was not available.
Heard learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State through virtual court proceedings.
Patna High Court CR. MISC. No.64889 of 2021(2) dt.27-01-2022 2/3 The petitioner seeks bail in connection with Laukahi P.S. Case No. 69 of 2019 instituted for the offences under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is in custody since 28.06.2021 and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that allegation is of recovery of 315 litres of Nepali wine from a vehicle as detailed in the F.I.R.
Learned counsel for the petitioner submits that the petitioner is alleged to be the driver but was not apprehended from the place of occurrence as it is alleged that the accused in the vehicle managed to flee and on inquiry it transpired that petitioner was driving the vehicle and other co-accused was Gopal Yadav. Learned counsel further submits that Gopal Yadav has been granted bail vide order dated 16.10.2019 in Cr. Misc. No. 64276 of 2019.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 28.06.2021, charge-sheet has been submitted in the case,
Patna High Court CR. MISC. No.64889 of 2021(2) dt.27-01-2022 3/3 co-accused has been granted bail and the petitioner has to appear in Intermediate examination, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum-Special Judge, Excise, Madhubani in connection with Laukahi P.S. Case No. 69 of 2019.
(Satyavrat Verma, J) Rishi/- U T