Bhuwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14582 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- JALE District- Darbhanga ====================================================== BHUWAN YADAV S/o Bhagya Narayan Yadav R/o Village- Bhamanpura, P.S.- Jalley, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise and Prohibition Amendment Act.

As per prosecution case, there has been recovery of 214.920 litres of foreign liquor from the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He submitted that from the perusal of the FIR as well as seizure list it transpires that the same has not been recovered from the conscious possession of the petitioner. He further submitted that said illegal wine was recovered from

Patna High Court CR. MISC. No.14582 of 2023(2) dt.24-03-2023 2/2 the house of the petitioner but the said house is a joint family house of the petitioner and the same was not recovered from the conscious possession of the petitioner. There is no independent witness of the said occurrence. It is also submitted that petitioner is languishing in judicial custody since 12.11.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Jale P.S. Case No. 121 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge-1 (Excise Act), Darbhanga.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T