Patna High CourtCR. MISC./15626/2023allowed

Umesh Yadav v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15626 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Umesh Yadav S/O Late Kailash Yadav R/O Village- Raghunathpur Dakhin Tola, P.S- Raghunathpur, Distt.- Siwan.

... ... Petitioner/S

Versus

The State Of Bihar A.G, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 90 liters country made liquor from a bush and the petitioner is alleged to be involved in the illegal trade of liquor who was apprehended on spot.

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. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.15626 of 2023(2) dt.09-05-2023 2/2 petitioner has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 21.1.2023.

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 Excise P.S. Case No. 67 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 Exclusive Special Judge, Excise Court No.-II, Siwan.

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