Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10344 of 2023 Arising Out of PS. Case No.-377 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pappu Yadav S/o Late Rambalak Yadav R/o Village- Gondapur, P.S.- Nawada, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Braj Kishore Pd. (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 33, 36, 34 Bihar Prohibition and Excise Act.

As per allegation, informant's husband died due to consumption of spurious liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. Similary situated

Patna High Court CR. MISC. No.10344 of 2023(3) dt.09-05-2023 2/2 co-accused has already been granted bail by a coordinate Bench of this Court vider order dated 06.01.2023 passed in Cr. Misc No. 64122 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 07.04.2022.

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 Nawada Town P.S. Case No. 377 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Nawada.

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