Umesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66903 of 2021 Arising Out of PS. Case No.-156 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== UMESH KUMAR YADAV Son of Garib Yadav Resident of Mohalla at present residing at House no.- 30, Bag Khatal Sector 9/A Bokaro Steel City, P.S.- Bokaro Steel City IX, District - Bokaro, Jharkhand, Permanent address resident of village - Kolhuar, P.S.- Kawakol, District - Nawada, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

At the outset, the learned counsel for the petitioner seeks to make certain corrections in the first paragraph of the present petition.

The learned counsel for the petitioner is permitted to do so during the course of the day.

The petitioner seeks regular bail in connection with K. Hat (Maranga) P.S. Case No. 156 of 2021 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 627.120 litres of illicit liquor from a Hyva truck and 432 lires of illicit liquor

Patna High Court CR. MISC. No.66903 of 2021(2) dt.16-12-2021 2/2 from a Magic vehicle. The petitioner is stated to be the driver of the Hyva vehicle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 18.02.2021. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Purnea in connection with K. Hat (Maranga) P.S. Case No. 156 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T