Satya Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10534 of 2023 Arising Out of PS. Case No.-142 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Satya Narayan Yadav Son Of Sitaram Yadav R/V- Kewan P.S- Rajnagar, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Pandaul P.S. Case no. 142 of 2021 instituted for the offence under Sections 272, 273, 34 of the IPC and Sections 30(a), 36, 38 and 41(1) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 807 liters illicit liquor which was recovered from a vehicle bearing Reg No. BR07G7-7424 after that this case has been lodged.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.10534 of 2023(2) dt.18-04-2023 2/3 committed no offence. He has falsely been implicated in this present case. Petitioner is the owner of the seized vehicle and he has given his vehicle to co-accused for the purpose of commercial use and he has no concern with the alleged recovery. Petitioner neither arrested on the spot nor he is named in the FIR. No any incriminating article has been recovered from his conscious possession. Moreover, he is languishing in judicial custody since 08.12.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 20,000/- (Twenty Thousand) in the District Legal Services Authority of concerned District.

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 Pandaul P.S. Case No. 142 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 Additional Sessions Judge-II-cum-Special Judge,

Patna High Court CR. MISC. No.10534 of 2023(2) dt.18-04-2023 3/3 Excise Act, Madhubani.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Tewenty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T