Deepak Kumar Yadav @ Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10614 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== Deepak Kumar Yadav @ Deepak Yadav Son of Laxman Prasad Yadav @ Lakshman Prasad Yadav R/V- Tenuahi, P.S- Ladaniya Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate Mr. Gagan Dev Yadav, Advocate Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== 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 Babubarhi P.S. Case no. 291 of 2022 instituted for the offence under Sections 272, 273, 34 of the IPC and Sections 30(a), 41 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 223.2 liters Nepali liquor which was removed from a Inova car bearing Reg. No. PB65AX1677 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.10614 of 2023(2) dt.18-04-2023 2/3 committed no offence. He has falsely been implicated in this present case. He has no concern with the alleged recovery. Petitioner is neither owner nor driver of the seized car. No any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 25.11.2022.

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

The petitioner is directed to deposit a sum of Rs 30,000/- (Thirty 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 as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Babubarhi P.S. Case No. 291 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 Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani. The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.10614 of 2023(2) dt.18-04-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 30,000/- (Rs. Thirty thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Manish/- U T