An oral order granting regular bail to the petitioner, a co-driver named Sanjay Kumar Yadav, who was accused of involvement in smuggling liquor and forgery offences, considering his role and clean antecedents.
Relief granted by enlarging petitioner on bail on furnishing bond of Rs. 10,000 with two local sureties.
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.9658 of 2023
Arising Out of PS. Case No.-481 Year-2022 Thana- MADANPUR District- Aurangabad
======================================================
Sanjay Kumar Yadav S/O Salik Ram Yadav R/O Village- Telyani, P.S.Aaspur Devsar, Distt- Pratapgarh (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 25-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Madanpur P.S. Case No. 481 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471, 413, 414, 120B of the Indian Penal Code and Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise (Amendment) Act.
As per the prosecution, the police personnel on secret information seized a truck and recovered in total 3927.24 liters of foreign liquor from the alleged truck and apprehended this
Patna High Court CR. MISC. No.9658 of 2023(2) dt.25-02-2023 2/3
petitioner with a co-accused.
The main submissions advanced by learned counsel Mr. Anil Kumar Sinha, appearing for the petitioner are that the petitioner was found in the capacity of co-driver ( Khalasi ) of the alleged truck from which the huge quantity of liquor was recovered but the petitioner has no concern with the said liquor and he was bonafidely performing his duty as a co-driver ( khalasi ) in that vehicle and he is a poor person and sole bread earner of his family and he has been languishing in jail since 20.09.2022 having fair and clean antecedent.
Learned APP Mr. Mohammed Arif, appearing for the State has opposed the prayer for bail but fairly accepted that the petitioner was found in the capacity of co-driver ( khalasi ) in the alleged vehicle.
In view of the facts, as stated above and mainly considering the fact that the petitioner was found as co-driver ( khalasi ) in the alleged vehicle and he has fair and clean antecedent, in my view it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Madanpur P.S. Case No.
Patna High Court CR. MISC. No.9658 of 2023(2) dt.25-02-2023 3/3
481 of 2022, further on this condition that both the bailors must be local residents of the Trial Court having sufficient immovable
property.
(Shailendra Singh, J.)
maynaz/-
U T
2 issues framed by the court
Whether the petitioner, a co-driver with clean antecedents, is entitled to regular bail.
Whether the grounds submitted by the petitioner warrant granting of relief.
Sanjay Kumar Yadav
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
