Patna High CourtCR. MISC./67388/2021bail granted

Roshan Kumar Yadav @ Raushan Kumar Yadav v. The State Of Bihar

2022-02-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67388 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- AGRER District- Rohtas ====================================================== Roshan Kumar Yadav @ Raushan Kumar Yadav S/o Ram Raj Yadav R/o village- Karamjeetpur, P.S.- Nandganj, District- Gajipur (U.P.) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umeshanand Pandit, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-02-2022 Heard learned counsel for the petitioner and Md. Mushtaque Alam, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Agrer P.S. Case No. 39 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that the petitioner is in custody since 26.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is of recovery of 583.02 liters illicit alcohol from Tata Magic van.

Learned counsel for the petitioner submits that the vehicle does not belong to the petitioner, rather the petitioner is

Patna High Court CR. MISC. No.67388 of 2021(2) dt.18-02-2022 2/2 alleged to be the driver of the vehicle, as such he was not aware that what was kept in the vehicle by the owner. 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 since 26.08.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Rohtas at Sasaram in connection with Agrer P.S. Case No. 39 of 2021.

(Satyavrat Verma, J) mdrashid/- U T