Patna High CourtCR. MISC./10467/2023allowed

Guddu 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.10467 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Guddu Kumar Yadav Son Of Sri Hiralal Chaudhary @ Heera Yadav R/VEkdanga, P.S- Mirganj, Dist- Gopalganj Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Gupta For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== 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 sections 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case relates to recovery of total 186.6 liters Indian made liquor along with motorcycle which were recovered from back side of the Panchayat Bhawan. It is further alleged that petitioner was also arrested on the spot, 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

Patna High Court CR. MISC. No.10467 of 2023(2) dt.04-05-2023 2/2 concern with the alleged recovery nor from the place of occurrence nor vehicle in question belongs to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 31.12.2022.

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 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 Mirganj P.S. Case No. 441 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 Additional Session Judge-IV-cum Special Judge, Excise Court-II, Gopalganj.

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