Patna High CourtCR. MISC./10097/2023allowed

Indal Kumar @ Indal 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.10097 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== INDAL KUMAR @ INDAL YADAV Son of Ram Janam Yadav Resident of village - Ramdihal Tola, P.S.- Chandi, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== 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 Bihar Prohibition and Excise Act The prosecution case relates to recovery of total 180 liters of country made mahua liquor which was recovered from an open place i.e. Bandh of Ramdih Tola. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the disclosure of local chaukidar. The petitioner has no concern with the alleged recovery nor he was apprehended on the spot. It is

Patna High Court CR. MISC. No.10097 of 2023(2) dt.04-05-2023 2/2 further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 14.01.2023. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 229 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 Exclusive Special Excise Court No-Ist, Bhojpur at Ara.

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