Patna High CourtCR. MISC./35535/2023allowed

Naresh Yadav v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35535 of 2023 Arising Out of PS. Case No.-343 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== NARESH YADAV SON OF LATE SHANICHAR YADAV RESIDENT OF VILLAGE- DHANICHAK PS- MOHANPUR, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, there has been recovery of 33 liters of illegal foreign liquor from a motorcycle, which was being driven by the petitioner.

4. 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. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. The provision of Section 100 of the Cr.P.C. has not followed in this case, while

Patna High Court CR. MISC. No.35535 of 2023(3) dt.07-08-2023 2/2 preparing the seizure list. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.03.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Gaya Muffasil P.S. Case No. 343 of 2023.

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