Vidhan Yadav @ Vidhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7732 of 2023 Arising Out of PS. Case No.-681 Year-2021 Thana- NAWADA District- Nawada ====================================================== Kaushal Yadav Son Of Shrawan Yadav R/V- Khemchand Bigha, P.S- Nawada Dist- Nawada ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10220 of 2023 Arising Out of PS. Case No.-681 Year-2021 Thana- NAWADA District- Nawada ====================================================== Vidhan Yadav @ Vidhan Kumar Son Of Shrawan Yadav Resident Of VillageKhemchand Bigha, P.S.- Nawada, District- Nawada ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 7732 of 2023) For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Anant Kumar 1 (In CRIMINAL MISCELLANEOUS No. 10220 of 2023) For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 33, 34, 36 of Bihar

Patna High Court CR. MISC. No.7732 of 2023(3) dt.17-05-2023 2/3 Prohibition & Excise Act.

As per the allegation in F.I.R., the husband of the informant, Omprakash Prasad @ Prakash Singh @ Lota Singh died due to consumption of spurious liquor. It is further alleged that he has purchased the said liquor from some unknown person.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. Neither the petitioners are named in F.I.R. nor they have any concern with the illicit liquor. Their name sprang up in this case on the confessional statement of Arvind Yadav. Nothing incriminating has been recovered from their conscious possession. Their is no any witness to support the prosecution version of the case. They have falsely been implicated in the present case. Moreover, the petitioners are languishing in judicial custody since 10.10.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.7732 of 2023(3) dt.17-05-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Nawada (Town) P.S. Case No. 681 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, 1st, Nawada.

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