Lalit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8740 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Lalit Yadav Son Of Haribansh Yadav @ Harivansh Yadav @ Harivansh Pd. Yadav R/O Vill.- Dahupatti, Ward No. 5, P.S.- Bhaptiyahi, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 312 liters illicit liquor kept in 12 sacks from a hut which is adjacent to the poultry form of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.8740 of 2023(2) dt.17-04-2023 2/2 place of occurrence. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 13.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Bhaptiyahi P.S. Case No. 56 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 District Judge-IV, Supaul.

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