Patna High CourtCR. MISC./7091/2023allowed

Subodh Yadav v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7091 of 2023 Arising Out of PS. Case No.-6 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Subodh Yadav Son Of Baleshwar Yadav R/O Village/Muhalla- Kathra, 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 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a)(b) (c) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 15 litres of country made liquor from the field of Budhiya Yadav. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused Pairu Yadav. Neither the petitioner

Patna High Court CR. MISC. No.7091 of 2023(2) dt.01-05-2023 2/2 was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 20.09.2022. Similarly situated coaccused person has been granted bail vide order dated 11.04.2023, passed in Cr. Misc. No. 6584 of 2023 by this Court.

Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV-cum-Special Judge 1st, Excise Act, Lakhisarai in connection with Piri Bazar P.S. Case No. 06 of 2021.

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