Yogesh Yadav @ Jugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5084 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Yogesh Yadav @ Jugesh Yadav Son Of Arjun Yadav Resident Of Village - Kosmahi, P.S.- Hunterganj, District - Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Raushanganj (Bankey Bazar) P.S. Case No. 325 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2018. Prosecution case relates to recovery of total 60 liters of country made liquor from the motorcycle which was being driven by this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.5084 of 2023(2) dt.07-04-2023 2/3 nothing has been recovered from his conscious possession and he has no concern with the alleged recovery of illicit liquor. Moreover, he is languishing in judicial custody since 09.12.2022.

The application for bail is opposed by learned APP for the State and submitted that the petitioner was arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 10,000/- (Rs. Ten Thousand) in the account of District Legal Services Authority of the concerned District. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Raushanganj (Bankey Bazar) P.S. Case No. 325 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Judge No-3, Gaya.

The bail bonds of the petitioner shall be accepted by the learned lower Court on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.5084 of 2023(2) dt.07-04-2023 3/3 10,000/- (Rs. Ten Thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) shubham/- U T