Rajdev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26480 of 2023 Arising Out of PS. Case No.-492 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rajdev Yadav S/O Raj Kumar Yadav Resident Of Village-Masarh, Paschim Bari Tola, P.S.-Gajrajganj O.P., Dist.-Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 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) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 75 liter illegal mahua liquor and other articles from an open place.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on the spot nor place of recovery belongs to him. He has got no criminal antecedent. It is further

Patna High Court CR. MISC. No.26480 of 2023(4) dt.09-08-2023 2/2 submitted that nothing incriminating article has been recovered from his conscious possession and the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 01.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwantnagar (Gajrajganj) P.S. Case No. 492 of 2021 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-II, Bhojpur Ara. (Sunil Kumar Panwar, J) Manishkumar/- U T