Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12802 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Bablu Yadav S/O Birender Yadav @ Birendra Yadav Resident Of VillageDharmpur (rampur Tengrahi), P.S.- Yadopur, District- Gopalganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Section 30(a)/ 41(1) of Bihar Prohibition and Excise Act.

It is a case of recovery of 584.88 litres of I.M.F.L. from a Scorpio vehicle bearing registration number UP-32HJ-3522. Co-accused Manish Kumar was apprehended on spot and he disclosed the name of

Patna High Court CR. MISC. No.12802 of 2023(2) dt.24-04-2023 2/3 petitioner of the seized liquor.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. His name sprang up in this case on the basis of confessional statement of co-accused Manish Kumar, who has already been granted bail vide order dated 20.10.2022, passed in Cr. Misc. No. 54007 of 2022 by the co-ordinate Bench of this Court. petitioner has no concern with the alleged recovery. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 11.01.2023.

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

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.12802 of 2023(2) dt.24-04-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalganj Town P.S. Case No. 589 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Escise I, Gopalganj.

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