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Patna High CourtCR. MISC./10694/2023allowed

Pairu Yadav v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10694 of 2023 Arising Out of PS. Case No.-7 Year-2020 Thana- PIRI BAZAR District- Lakhisarai ====================================================== PAIRU YADAV S/o Late Sito Yadav R/o village/Mohalla- Kathara, P.S.- Piri Bazar, Distt- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act.

The prosecution story, in brief, is that the police party got secret information about illegal trade of liquor and reached at field of accused persons including the petitioner but they were managed to escape from there. Upon search, total 100 liters country made liquor from fields of accused persons. 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. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.10694 of 2023(2) dt.19-04-2023 2/2 liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name has been disclosed by local Chaukidar. It is further submitted that petitioner is languishing in judicial custody since 27.8.2022.

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 as well as period of 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 Piri Bazar P.S. Case No. 7 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cumSpecial Judge, 1st Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T