Patna High CourtCR. MISC./52066/2023allowed

Sunil Yadav v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52066 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

SUNIL YADAV son of Kanak Lal Ghosh Village- Malin Ps- Barharba DistSahebganj State- Jharkhand 2.

Md. Ajibul @ Md. Ajibulla son of Abdul Sakur Village- Hasanpur PsBalrampur Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 272, 273, 414, 467, 468, 420, 473/34 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 761.4 liters of illegal foreign liquor from a Pick-up Van behind of the house of co-accused Mitilesh Kumar Roy.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners have apprehended on

Patna High Court CR. MISC. No.52066 of 2023(2) dt.25-08-2023 2/2 spot. He submitted that the petitioners have no concern either with the seized liquor or with the vehicle in question and the place of occurrence does not belongs to the petitioners. No incriminating article has recovered from the conscious possession of these petitioners. They are languishing in judicial custody since 14.06.2023.

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, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Rajnagar P.S. Case No. 149 of 2023.

(Sunil Kumar Panwar, J) arish/- U