Patna High CourtCR. MISC./17098/2023allowed

Upendra Yadav v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17098 of 2023 Arising Out of PS. Case No.-515 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== UPENDRA YADAV SON OF UTIMLAL YADAV RESIDENT OF VILLAGE - KORAHIYA (NAVTOLI), P.S. - JAYNAGAR, DISTRICT - MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

As per prosecution case, there has been recovery of 630 liters of illegal Nepali liquor from a Canal. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized liquor and the place of occurrence does not belong to the

Patna High Court CR. MISC. No.17098 of 2023(2) dt.11-05-2023 2/2 petitioner. The name of the petitioner has come into light, on the basis of disclosure by villager. No incriminating article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 30.01.2023. The application for bail is opposed by learned APP for the State.

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, 2nd cum-Special Judge Excise Act, Madhubani in connection with Jaynagar P.S. Case No. 515 of 2022.

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