Patna High CourtCR. MISC./43330/2023allowed

Vijay Yadav v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43330 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== VIJAY YADAV SON OF SHANKAR YADAV RESIDENT OF VILLAGEGAHARIYA, PS- JAGDISHPUR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughan Pandey For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 5 liters of illegal country-made liquor from a motorcycle.

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 alleged motorcycle is not a stolen property but it is purchased by the brother of the petitioner and a sale letter has been issued by one

Patna High Court CR. MISC. No.43330 of 2023(2) dt.28-07-2023 2/2 Anil Kumar, hence Section 414 is not made out against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 17.04.2023.

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 Nautan P.S. Case No. 134 of 2023.

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