Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15986 of 2023 Arising Out of PS. Case No.-553 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Bablu Yadav Son Of Birender Yadav @ Birendra Yadav R/O 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. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 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 sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 1270 liters of illicit liquor from a truck bearing Registration No. UP51T-7273 and the name of the petitioner is alleged to be disclosed by the co-accused as smuggler of liquor. 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 or with the vehicle in question. Neither the petitioner was

Patna High Court CR. MISC. No.15986 of 2023(2) dt.10-05-2023 2/2 apprehended on spot nor any incriminating article has been recovered from his conscious possession rather his name came into light on the basis of confessional statement of co-accused Manoj Kumar Paswan who was apprehended on spot. It is further submitted that the petitioner is languishing in judicial custody since 18.1.2023.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Kuchaikote P.S. Case No. 553 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 4th Addl. Sessions Judge-Cum-Exclusive Special Court-II, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T