Patna High CourtCR. MISC./49749/2023allowed

Mukul Yadav v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49749 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Mukul Yadav Son Of Haresh Yadav Resident Of Village- Bhagwan Tola, PsUchkagaon, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of total 63 liters of illicit liquor from a canal and the petitioner is said to be indulged in the trade of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. Neither the petitioner was arrested on spot nor any incriminating article has

Patna High Court CR. MISC. No.49749 of 2023(2) dt.11-08-2023 2/2 been recovered from his conscious possession rather his named was disclosed by local chaukidar. It is further submitted that the petitioner is languishing in judicial custody since 30.6.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Uchkagaon P.S. Case No. 88 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 district and Sessions Judge-II-cum-Special Judge, Excise Court No.I, Gopalganj.

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