Pritam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13202 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== PRITAM YADAV Son of Ramashish Yadav R/v- Baluaha, P.S.- Harlakhi, 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. Ramesh Chandra ====================================================== 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 prayed for regular bail in connection with Harlakhi P.S. Case no. 10 of 2023 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 66 liters of illicit liquor from the petitioner's motorcycle bearing Registration no. BR32-R-7528.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has

Patna High Court CR. MISC. No.13202 of 2023(2) dt.25-04-2023 2/3 been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 15.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that petitioner was arrested on spot with the alleged motorcycle from where the recovery of liquor has been made. The petitioner is directed to deposit a sum of Rs 5,000/- (Five 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 Harlakhi P.S. Case No. 10 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit

Patna High Court CR. MISC. No.13202 of 2023(2) dt.25-04-2023 3/3 of Rs 5,000/- (Five Thousand) by the petitioner in the account of the concerned DLSA.

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