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Patna High CourtCR. MISC./44743/2023allowed

Jeetan 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.44743 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Jeetan Yadav Son Of Doma Yadav Resident Of Village - Mahadeva, P.S.- Obra, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 175 liters of country made liquor from the field of wheat.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that he has no concern either with the alleged recovery of illicit liquor or with the place of occurrence, where the recovery has been made. There is no independent witness of the seizure list. It is also submitted that the petitioner is languishing in judicial

Patna High Court CR. MISC. No.44743 of 2023(2) dt.28-07-2023 2/2 custody since 18.04.2023.

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 Obra P.S. Case No. 101 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge Excise II, Aurangabad (Bihar). (Sunil Kumar Panwar, J) shubham/- U T