High Court granted regular bail to petitioner accused of offences under Bihar Prohibition and Excise Act, 2018, after finding he was not present on the vehicle during the liquor recovery.
Petitioner released on regular bail by furnishing bonds of Rs.20,000 with two sureties of like amount.
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.52171 of 2021
Arising Out of PS. Case No.-226 Year-2020 Thana- NAVINAGAR District- Aurangabad
======================================================
SUKAN YADAV @ RAJENDRA YADAV Son of Bhukhan Yadav Resident of Village - Ramnagar, P.S.- Nabinagar, Dist.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s : Md. Iftekhar Mahmood, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 22-04-2022
Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Navinagar P.S. Case No. 226/2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
As per the First Information Report the Police intercepted a Motorcycle on which two persons were riding and recovered 89.400 litres of illicit liquor from the said Motorcycle kept in two bags, but, the person who was driving the Motorcycle along with the pillion rider, was succeeded in fleeing away. However, the Police identified
Patna High Court CR. MISC. No.52171 of 2021(2) dt.22-04-2022 2/3
them as co-accused Saroj Yadav and Munna Chandrawanshi. It has further been alleged that the petitioner is owner of the Motorcycle in question.
Learned counsel for the petitioner submits that the petitioner has been implicated in this case merely on the basis of the fact that he happens to be the owner of the Motorcycle and from perusal of the First Information Report and the material available on record, it is evident that Motorcycle was being driven by the co-accused and another co-accused was pillion rider. The petitioner is in custody since 16.6.2021 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner was neither the pillion rider nor he was driving the Motorcycle, he is in custody since 16.6.2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.52171 of 2021(2) dt.22-04-2022 3/3
released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Aurangabad, in connection with Nabinagar P.S. Case No. 226/2020.
(Anil Kumar Sinha, J)
S.Ali/-
U T
2 issues framed by the court
Whether the petitioner, alleged owner of a motorcycle used to transport illicit liquor, is entitled to bail given he was not the driver or pillion rider.
Whether there is likelihood of the petitioner absconding or tampering with evidence.
Sukan Yadav @ Rajendra 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
