Vidhan Yadav @ Vidhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55108 of 2023 Arising Out of PS. Case No.-374 Year-2021 Thana- NAWADA District- Nawada ====================================================== Vidhan Yadav @ Vidhan Kumar S/O Shrawan Yadav R/O VillageKhemchand Bigha, P.S- Nawada, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad 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.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

As per prosecution case, the informant's father died after consuming spurious liquor which was purchased from unknown miscreants.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. He is not named in the F.I.R. His name has been transpired in this case on the basis of confessional statement of co-accused Arvind Yadav, which has no evidentiary value in the eye of law. Nothing has

Patna High Court CR. MISC. No.55108 of 2023(2) dt.29-08-2023 2/2 been recovered from the conscious possession of the petitioner. During investigation, save and except confessional statement no consistent material has come against him which shows his complicity. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 25.08.2023 passed in Cr. Misc. No. 53398 of 2023. It is also submitted that petitioner is languishing in judicial custody since 08.12.2022.

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

Having heard learned counsel for the parties and taking into consideration 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 in connection with Nawada (Town) P.S. Case No.374 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Nawada.

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