Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56935 of 2023 Arising Out of PS. Case No.-359 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== SURESH YADAV Son of Madan Yadav Resident of village - Harpur Jakhara Ward No.- 13, P.S.- Kalyanpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Samastipur Excise P.S. Case no. 359 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the petitioner along with a tempo was apprehended on the spot and from the alleged vehicle total 140 liters tari liquor was recovered 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. The

Patna High Court CR. MISC. No.56935 of 2023(2) dt.05-09-2023 2/3 petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner has been languishing in judicial custody since 28.01.2023.

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

The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Excise P.S. Case no. 359 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 Special Judge, Excise Patna.

The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.56935 of 2023(2) dt.05-09-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

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