Jaldhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6584 of 2023 Arising Out of PS. Case No.-6 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Jaldhar Yadav S/O Late Sito Yadav R/O Village/Mohalla- Kathara, P.S.- Piri Bazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== 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 filed the instant application for grant of regular bail in connection with Piri Bazar P.S. Case No. 06 of 2021 registered under sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 15 liters of country made liquor from the plastic container. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot. Nothing has been recovered from his conscious possession. He has no concern with the seized illicit liquor. It is further submitted that the name of the petitioner
Patna High Court CR. MISC. No.6584 of 2023(2) dt.11-04-2023 2/2 came in the F.I.R. on the basis of confessional statement of apprehended co-accused person before the police. There is no independent witness of the seizure list. Moreover, he is languishing in judicial custody since 20.09.2022. The application for bail is opposed by learned APP for the State.
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 Piribazar P.S. Case No. 06 of 2021 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 Additional Sessions Judge-IVCum-Special Judge Ist, Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) shubham/- U T