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Patna High CourtCR. MISC./8345/2023allowed

Vibeka Roy @ Vibeka Yadav v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8345 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== VIBEKA ROY @ VIBEKA YADAV S/o Late Nageshwar Rai R/o VillageRaghunathpur, P.S.- Sahebpur Kamal, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajit Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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 sections 120(B), 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 272.880 of illicit foreign liquor from house of co-accused person and the petitioner is said to have been involved in the alleged offence. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.8345 of 2023(2) dt.03-05-2023 2/2 liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name has been disclosed by the co-accused namely, Umi Rai who has been arrested on spot. It is further submitted that the petitioner is languishing in judicial custody since 7.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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. 188 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-II, Begusarai.

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