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Patna High CourtCR. MISC./12897/2023allowed

Prashant Yadav @ Prashant Kumar v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12897 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Prashant Yadav @ Prashant Kumar S/O Viveka Yadav @ Viveka Kumar Resident of village- Raghunathpur, P.S.- Sahebpur Kamal, DistrictBeguasarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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 a case registered for the offences punishable under Sections 120(B), 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case relates to recovery of total 331.64 liter illicit liquor from different places. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner was not apprehended on the spot. His name has been transpired in this case only on the basis of confessional statement of apprehended accused persons. Nothing has been recovered from the conscious possession or

Patna High Court CR. MISC. No.12897 of 2023(3) dt.11-07-2023 2/2 from the house of the petitioner. It is also submitted that petitioner is languishing in judicial custody since 12.10.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case No.188 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 District & Sessions Judge2nd-cum-Exclusive Special Judge (Excise), Begusarai. (Sunil Kumar Panwar, J) lata/- U T