Brajendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50092 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Brajendra Kumar Yadav S/O Mishri Yadav R/O Village- Madarwani, Ps.- Phulwariya, Distt. Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 30(a) Bihar Prohibition and Excise Act.

As per prosecution case, it is a case of recovery of total 44 liters illegal liquor from two motorcycles and the petitioner was also apprehended on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. It is further submitted that nothing has been

Patna High Court CR. MISC. No.50092 of 2023(2) dt.11-08-2023 2/2 recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 25.06.2023.

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 Phulwariya P.S. Case No. 226 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 ExciseI, Gopalganj. (Sunil Kumar Panwar, J) Manishkumar/- U T