Patna High CourtCR. MISC./71361/2021bail granted

Hari Mohan Prasad Yadav v. The State Of Bihar

2022-03-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71361 of 2021 Arising Out of PS. Case No.-279 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== HARI MOHAN PRASAD YADAV Son of Shri Dharmnath Prasad Yadav Resident of village - Jalpurwa, P.S. - Goreya Kothi, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Ranjan For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 354.300 liters of foreign liquor has been recovered from a Bolero vehicle of which this petitioner was driver.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner being the driver of the vehicle was not aware of the nature of consignment and

Patna High Court CR. MISC. No.71361 of 2021(3) dt.11-03-2022 2/2 was only following the instructions of the owner of the vehicle. Petitioner claims clean antecedent and is in custody since 26.09.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Sessions Judge-II-cum- Special Judge, Excise Act, Gopalganj in connection with Excise case No. 279/2021.

(Prabhat Kumar Singh, J) BKS/- U T