Patna High CourtCR. MISC./48115/2023allowed

Upendra Yadav v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48115 of 2023 Arising Out of PS. Case No.-467 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== UPENDRA YADAV S/o Ganga Yadav R/o Village-Kadarchuan, P.S.- Fatehpur, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 410 liters of country made liquor from five motorcycles out of which 100 liters liquor was recovered from petitioner's motorcycle.

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. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the

Patna High Court CR. MISC. No.48115 of 2023(2) dt.04-08-2023 2/2 alleged recovery of illicit liquor. It is also submitted vide para 11 of the petition that neither the petitioner is owner of the seized motorcycle nor any incriminating article has been recovered from his conscious possession. Moreover, 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 Fatehpur P.S. Case No. 467 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 Exclusive Special Excise Court No.1, Gaya.

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