Birbal Yadav @ Ranvir Kumar Rana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7284 of 2023 Arising Out of PS. Case No.-313 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Birbal Yadav @ Ranvir Kumar Rana Son Of Shri Bijendra Yadav @ Bijan Yadav R/O Vill.- Hira Tolla. Ward No. 01, P.O.- Rahimpur, P.S.- Sahebpur Kamal, Distt.- Begusarai (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganga Prasad Bimal For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections120B/34 of the Indian Penal Code and Sections 30(a), 32, 41(i) of Bihar Prohibition and Excise Amendment Act, 2016. It is a case of recovery of total 2054.16 liters foreign made liquor from a truck bearing Reg. No. NL01AD-8272 and two motorcycles and other articles also recovered. After that this case has been lodged. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7284 of 2023(2) dt.11-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of concessional statement of the co-accused, namely, Manish Yadav. Neither petitioner is named in the FIR nor he was apprehended on the spot. Petitioner is not owner and driver of the alleged seized vehicle and motorcycles. It is further submitted that seized articles does not belong to him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 26.05.2022 passed in Cr. Misc. No. 20102 of 2022. Petitioner is languishing in judicial custody since 22.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 313 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.7284 of 2023(2) dt.11-04-2023 3/3 amount each to the satisfaction of learned Exclusive Special Excise Court No-II, Begusarai.
(Sunil Kumar Panwar, J) Manish/- U T