Ramvilash Yadav @ Rambilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54942 of 2023 Arising Out of PS. Case No.-701 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Ramvilash Yadav @ Rambilash Yadav S/O Late Gorakh Yadav R/O VillagePurushottampur, Ps. Majhauliya, Dist. West Champaran Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 110 liters of country made liquor from the cattle shed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and from where the recovery has been made, is easily accessible to people. There is no independent witness of the seizure list rather they are police personnel. A statement has

Patna High Court CR. MISC. No.54942 of 2023(2) dt.29-08-2023 2/2 been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Majhauliya P.S. Case No. 701 of 2020 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 Judge, Excise, Bettiah, West Champaran, Bihar.

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