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Patna High CourtCR. MISC./10800/2023allowed

Neeraj Yadav v. The State Of Bihar

2023-05-10Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10800 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- DINARA District- Rohtas ====================================================== NEERAJ YADAV SON OF RAJENDRA YADAV @ RAJINDRA R/O VILLAGE- HIRANANDPUR, P.S.- SAIDHPUR, DISTRICT- GHAZIPUR (UTTAR PRADESH) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 332, 333, 353 and 307 of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, there has been recovery of 242.28 liters of illegal foreign liquor from a Scorpio Car, which was being driven by the petitioner.

Patna High Court CR. MISC. No.10800 of 2023(3) dt.10-05-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 03.11.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 20,000/- (twenty thousand) in the account of concerned DLSA. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Court No.1, Rohtas at Sararam in connection with Dinara P.S. Case No. 393 of 2022. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.10800 of 2023(3) dt.10-05-2023 3/3 20,000/- (twenty thousand) by the petitioner in the account of concerned DLSA.

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