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Patna High CourtCR. MISC./46171/2023allowed

Ram Krishna Yadav @ Ram Krishna Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46171 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== RAM KRISHNA YADAV @ RAM KRISHNA KUMAR S/O LATE MUNSHILAL YADAV R/O Village- Phulparas, P.S- Phulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gangadeo Yadav with Mr. Ravi Prakash and Mr. Vinod Kumar, Advocates For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 Sections 420, 468, 471, 120B of the Indian Penal Code and Section 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 2810.52 liters of illegal liquor from a container.

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 was apprehended on spot. He submitted that the petitioner has no concern with the seized

Patna High Court CR. MISC. No.46171 of 2023(3) dt.08-09-2023 2/2 wine. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 24.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioner is directed to deposit Rs. 25,000/- (Twenty five thousand) in the account of concerned DLSA.

7. 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 Phulparas P.S. Case No. 284 of 2023.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 25,000/- (Twenty five thousand) by the petitioner in the account of concerned DLSA.

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