Indrajeet Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 48972 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== INDRAJEET KUMAR YADAV SON OF MOHAN YADAV RESIDENT OF VILLAGE - KHAIRAMATH (J), POLICE STATION - JAYNAGAR, DISTRICT - MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272, 273, 414, 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 90 liters of illegal country-made liquor from a motorcycle and petitioner was only alleged to be sit on motorcycle.
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 has apprehended on spot. He submitted that the petitioner has no concern either with the
Patna High Court CR. MISC. No. 48972 of 2023(2) dt.10-08-2023 2/2 seized vehicle or with the wine in question. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. He is languishing in judicial custody since 12.06.2023.
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 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 Jaynagar P.S. Case No. 249 of 2023.
(Sunil Kumar Panwar, J) arish/- U T