Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18154 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== BHIM YADAV son of Tulsi Yadav Village- Bheriharwa Ps- Sathi Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 regular bail in a case instituted for the offence under Section 120B and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 609.240 liters of illegal foreign liquor from a Tractor. 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 apprehended on spot and he is the owner of the seized vehicle. He submitted that the petitioner has no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial

Patna High Court CR. MISC. No.18154 of 2023(2) dt.12-05-2023 2/2 custody since 23.01.2023.

The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 25,000/- (twenty five thousand) in the account of concerned DLSA. 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 Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 23 of 2023. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 25,000/- (twenty five thousand) by the petitioner in the account of concerned DLSA.

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