Allowed an application for regular bail for the petitioner charged with liquor-related offences. Considering no criminal antecedent, charge sheet submission, and pandemic delays, the court ordered release on bond with sureties.
Petitioner released on bail on bond of Rs. 25,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42761 of 2021
Arising Out of PS. Case No.-74 Year-2021 Thana- SHERGHATI District- Gaya
======================================================
PRAMOD KUMAR YADAV S/o Jageshwar Yadav R/o village- Jhawadih @ Ajhwadih, P.S.- Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Pandey For the Opposite Party/s : Ms.Veena Rani Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 01-02-2022
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sherghati (Dobhi) Police Station Case No. 74 of 2021, registered for the offences punishable under Sections 414/349 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as per the First Information Report, is that a total quantity of 1144.95 litres of illicit liquor was recovered from a pick-up van, being driven by the petitioner.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because the pick-up van, in question, was being driven by the
Patna High Court CR. MISC. No.42761 of 2021(2) dt.01-02-2022 2/3
petitioner and he has got no criminal antecedent. He further submits that the vehicle, in question, was a commercial vehicle and the petitioner was plying the said vehicle at the instruction of its owner and he was not aware about the illicit liquor being kept inside the pick-up van. He further submits that the petitioner is in custody since 04.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, he is in custody since 07.04.2021, charge sheet has already been submitted and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Gaya, in connection with Sherghati (Dobhi) Police
Patna High Court CR. MISC. No.42761 of 2021(2) dt.01-02-2022 3/3
Station Case No. 74 of 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether to grant regular bail to the petitioner in connection with offences punishable under Sections 414/349 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016
Pramod Kumar Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
