Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75495 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- KHUTAUNA District- Madhubani ====================================================== Sunil Kumar Yadav Son of Raja Ram Yadav Resident of Village- Bisanpur, P.S.- Phulparas, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 274, 275, 3(5) of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 116.400 litres of liquor from a Bajaj Auto. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized auto. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus

Patna High Court CR. MISC. No.75495 of 2024(2) dt.18-10-2024 2/2 would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that the driver of the vehicle would misuse his vehicle in the manner as alleged and is in custody since 09.07.2024.

4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khutauna P.S. Case No.90/2024.

(Satyavrat Verma, J) amit/- U T