Umashankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12590 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== UMASHANKAR YADAV Son of Satyanarayan Yadav R/v- Madhiya (Kamalabari), P.S.- Basopatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== 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 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 72 liters of illegal Nepali liquor from a motorcycle, which was being driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was apprehended on spot. He submitted that the petitioner has no concern either with the seized motorcycle or with the seized liquor. Nothing

Patna High Court CR. MISC. No.12590 of 2023(2) dt.25-04-2023 2/2 incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 15.01.2023.

The application for bail is opposed by learned APP for the State.

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 2nd, Additional Sessions Judge-cum-Special Judge Excise Act, Madhubani in connection with Basopatti P.S. Case No. 11 of 2023.

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