Shambhu Yadav @ Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18100 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== SHAMBHU YADAV @ SHAMBHU KUMAR S/O Shivnandan Yadav R/O Village- Bararahi, Ward No- 01, P.S- Shankarpur, District- Mdhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a), 32 (3) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of 2268.72 litres of IMFL from a truck bearing Reg. No. UK05CA-1463 and all the accused persons managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner is a daily wage labor and he has no concern either with the alleged recovery or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.18100 of 2023(2) dt.12-05-2023 2/2 recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.4.2023 passed in Cr. Misc. No. 14982 of 2023. He is languishing in judicial custody since 21.12.2022. Learned APP appearing for the State has opposed the prayer of Bail.

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 Additional Sessions Judge-V-cum-Special Judge, Excise Act-I, Madhepura in connection with Shingeshwar P.S. Case No. 286 of 2022.

(Sunil Kumar Panwar, J) arish/- U