Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23170 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== CHANDAN YADAV Son of Sri Arbind Yadav Resident of Village - Khagaria Bhadas, P.S.- Muffasil Khagaria, District - Khagaria (Bihar) 851204. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganga Prasad Bimal For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise (Amendment Act, 2018.

Prosecution case relates to recovery of 5139 litres of illicit liquor from different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the FIR. Name of the petitioner transpired in confessional statement of co-accused Jitendra Kumar. Petitioner has no concern either with the vehicle or with the seized liquor. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of

Patna High Court CR. MISC. No.23170 of 2023(2) dt.28-04-2023 2/2 this Court vide order dated 24.08.2022 passed in Cr. Misc. No. 40752 of 2022. Petitioner has no criminal antecedent and he is languishing in judicial custody since 24.1.2023. Learned APP appearing for the State has 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 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 1st Khagaria/concerned court in connection with Khagaria (Muffasil) P.S. Case No. 315 of 2022. (Sunil Kumar Panwar, J) sushma/- U