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Patna High CourtCR. MISC./42531/2023allowed

Nandu Yadav v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42531 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Nandu Yadav S/O- Lalji Yadav Village- Uttari Telhua Ps- Nautan DistW.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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 Act.

Prosecution case relates to recovery of 181.40 litres U.P. made foreign liquor from a Jhajha mail vehicle bearing Registration no. BR22BB-1719 and petitioner, who was driver of the said vehicle, was arrested by police after chase. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle is question. He was simply a driver who was engaged by the owner of the vehicle

Patna High Court CR. MISC. No.42531 of 2023(2) dt.21-07-2023 2/2 for driving. Petitioner has got no criminal antecedent and languishing in judicial custody since 6.4.2023. 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, Excise, Bettiah, West Champaran in connection with Nautan P.S. Case No. 115 of 2023. (Sunil Kumar Panwar, J) sushma/- U