Raj Kumar Yadav @ Prince Yadav @ Prince Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56936 of 2023 Arising Out of PS. Case No.-765 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RAJ KUMAR YADAV @ PRINCE YADAV @ PRINCE KUMAR YADAV SON OF AVDHESH CHAUDHARI @ AVDHESH YADAV RESIDENT OF VILLAGE- THEPAHA, PO- THEPAHA, PS -JIRADEI, DISTT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Excise P.S. Case no.765 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 720 litres of country liquor and 241.92 litres of IMFL was recovered from the Scorpio vehicle and the petitioner who was the driver of the vehicle was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He was merely a driver hired to transport the vehicle from one

Patna High Court CR. MISC. No.56936 of 2023(3) dt.08-11-2023 2/2 place to another. He did not have any idea of the contents of the goods loaded therein. He is in custody since 27.7.2023 and chargesheet has been submitted in the case. It is further submitted that the co-accused liner has been enlarged on bail and the owner of the vehicle has been enlarged on anticipatory bail.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation of recovery of 241 litres of IMFL and 720 litres of country liquor from the vehicle of which the petitioner was the driver, the petitioner being arrested on the spot as also the petitioner having criminal antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Saurabh/- U T