Patna High CourtCR. MISC./23155/2024allowed

Kopa Yadav @ Kayendra Yadav v. The State Of Bihar

2024-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23155 of 2024 Arising Out of PS. Case No.-231 Year-2022 Thana- THARTHARI District- Nalanda ====================================================== Kopa Yadav @ Kayendra Yadav Son Of Singeshwar Yadav Resident Of Village - Mauza Atbalchak, Police Station - Tharthari, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a) and (d) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 10 liters of country made liquor from bush.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not arrested on spot and nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-2 of this

Patna High Court CR. MISC. No.23155 of 2024(2) dt.20-03-2024 2/2 petition. Moreover, the petitioner is languishing in judicial custody since 06.01.2024.

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

6.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 Tharthari P.S. Case No. 231 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 Additional District and Sessions Judge-cum-Special Judge Excise-II, Nalanda at Biharsharif.

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