Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41448 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== ARUN YADAV @ ARUN KUMAR YADAV son of Vimal Yadav @ Vimal Kumar yadav Village- Sabhaypura Shobhaipura Ps- Hasanpur DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, it is a case of recovery of total 487.380 liters illegal liquor from a vehicle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement. Neither the petitioner was apprehended on the spot nor vehicle in question belongs to him. It is further submitted that nothing has been recovered from his conscious

Patna High Court CR. MISC. No.41448 of 2023(2) dt.14-07-2023 2/2 possession. Moreover, the petitioner is languishing in judicial custody since long.

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

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 Bithan P.S. Case No. 51 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise I, Samastipur.

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