Patna High CourtCR. MISC./13140/2023allowed

Vimlesh Yadav @ Vimlesh Kumar v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13140 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== VIMLESH YADAV @ VIMLESH KUMAR S/O LATE SAHANAND YADAV Resident of Village- Ramdihal Tola, P.S.- Chandi, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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), 36 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 180 liters of illicit liquor and the petitioner is said to be fled away from the place of occurrence.

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 liquor or with the place of occurrence. Neither the petitioner is arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.13140 of 2023(2) dt.25-04-2023 2/2 recovered from his conscious possession. It is further submitted that the seizure list witness are police official not a single independent witness which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 16.1.2023.

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 Chandi P.S. Case No. 229 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 1st Exclusive Excise Court Bhojpur at Ara.

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