Patna High CourtCR. MISC./11409/2023allowed

Ramesh Kumar Yadav v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11409 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== RAMESH KUMAR YADAV S/o Budhilal Yadav R/o Village- Dharhara, Ward no. 11, P.S.- Raghopur, Distt- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 189 liters illicit liquor from fodder house of the petitioner and he is alleged to be evolved in the business of illicit liquor. 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 on the basis of disclosed made by villagers. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither he was arrested on spot nor any

Patna High Court CR. MISC. No.11409 of 2023(2) dt.04-05-2023 2/2 incriminating article has been recovered from his conscious or constructive possession. It is further submitted that the petitioner is languishing in judicial custody since 24.11.2022. 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 Raghopur P.S. Case No. 70 of 2022 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 Court No.2, Supaul.

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