Dhananjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55065 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Dhananjay Yadav S/O Indo Yadav @ Indu Yadav R/O Village- Shishwa, P.SGogri, Distt.- Khagaria (BIHAR). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 157 liters of foreign liquor from the back field of the basa of accused Rajo Yadav. Two- three persons managed to escape from the place of occurrence.

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 the present case due to village politics. He has no concern with the alleged recovery or with the place of occurrence. Neither the petitioner was

Patna High Court CR. MISC. No.55065 of 2023(2) dt.29-08-2023 2/2 arrested on spot nor any incriminating article has been recovered from his conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. The petitioner is languishing in judicial custody since 23.05.2023.

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

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 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 Special Judge Excise-I, Khagaria in connection with Gogri P.S. Case No. 219 of 2022.

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