Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52964 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Shankar Yadav Son Of Sudharan Yadav Village- Jagatpur Ps- Sahu Parwata Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 120B of the IPC and Sections 30(a) (b), 32(III) and 41 of the Excise Act.

3. Prosecution case relates to recovery of total 3490.88 liters of country made liquor from a truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the seized liquor in question. It is further submitted from para-10 of this petition that on 08.10.2022, the petitioner sold the said truck to one Jainath Kumar Yadav so, the petitioner has no concern

Patna High Court CR. MISC. No.52964 of 2023(3) dt.30-10-2023 2/2 with the seized truck from where the recovery of liquor has been made. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.01.2023.

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

6. 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 Cheriya Bariyarpur P.S. Case No. 275 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Special Excise Judge-1, Begusarai.

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