Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7087 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- BISFI District- Madhubani ====================================================== KAMLESH YADAV Son of Daya Yadav @ Daya Ram Yadav R/vMajhigama, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kant Choudhary, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 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 sections 272, 273, 34 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 75 liters illicit Nepali country made liquor along with a motorcycle, after that this case has been lodged. 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 has no concern with the alleged recovery nor vehicle in question

Patna High Court CR. MISC. No.7087 of 2023(2) dt.02-05-2023 2/2 belongs to him rather he has only taken lift from the alleged driver of the motorcycle. It is further submitted that the petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 23.09.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aunsi Bisfi P.S. Case No. 290 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 Act, Madhubani.

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