Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46385 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- KHIRHAR District- Madhubani ====================================================== Munna Yadav Son Of Late Ram Vinod Yadav Village- Bhodali Ps- Arer DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 sections 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Excise Act.

Prosecution case relates to recovery of 405 liters of country made illicit liquor from the Magic Van and this petitioner is said to be the driver-cum-owner of the said vehicle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that the petitioner was not aware with the illicit liquor loaded in the van rather he was directed to deliver

Patna High Court CR. MISC. No.46385 of 2023(2) dt.04-08-2023 2/2 the said goods on the direction of the owner of the recovered goods. It is also submitted that he has no concern either with the recovered illicit liquor or with this alleged offence. 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 15.06.2023.

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 Khirhar P.S. Case No. 45 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 Additional Sessions Judge-II-cum Special Judge, Excise Act, Madhubani.

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