Patna High CourtCR. MISC./12524/2023allowed

Rajesh Yadav @ Khabbu v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12524 of 2023 Arising Out of PS. Case No.-665 Year-2022 Thana- BUXAR District- Buxar ====================================================== Rajesh Yadav @ Khabbu S/O Ramchandra Yadav R/V- Madhia Mohalla, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 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 section 30(a) Bihar Prohibition and Excise Amendment Act, 2018. The prosecution case relates to recovery of total 158.360 liter illicit liquor contained in bag, which was recovered from bank of a river.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to criminal antecedent. Neither petitioner was arrested on the spot nor anything has been recovered from his conscious possession.

Patna High Court CR. MISC. No.12524 of 2023(2) dt.24-04-2023 2/2 It is further submitted that the petitioner is languishing in judicial custody since 26.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Buxar P.S. Case No. 665 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 Special Judge Excise Act-1 Buxar. (Sunil Kumar Panwar, J) Manish/- U T