Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82379 of 2024 Arising Out of PS. Case No.-981 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Rajesh Kumar Yadav, Son of Sarju Yadav R/O Vill.- Kachanpur/Kanchanpur, P.S.- Chhatarpur, Dist.- Palamu(Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a), 32(3) of the Excise Act, 2018 and Sections 41(1), 41(2) of the Excise Act, 2016.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 4025 litres of liquor from a Hyva.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle. It is further submitted that he came to be implicated based on suspicion that he was driver of the seized vehicle, when the petitioner vehemently rebuts the said

Patna High Court CR. MISC. No.82379 of 2024(3) dt.17-01-2025 2/2 allegation. It is further submitted that petitioner is in custody since 01.10.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge of Excise-II, Aurangabad in connection with G.R. No.1714 of 2024 arising out of Excise P. S. Case No.981 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T