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Patna High CourtCR. MISC./54920/2023allowed

Vikash Yadav @ Vikash Kumar Yadav @ Vikash Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54920 of 2023 Arising Out of PS. Case No.-1010 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== VIKASH YADAV @ VIKASH KUMAR YADAV @ VIKASH KUMAR SON OF BINOD YADAV R/O VILLAGE MARANGA WARD NO 8 THANA K HAT DIST PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv. with Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== 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 instituted for the offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 1818.505 liters of illegal foreign liquor from the house of other co-accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern with the seized

Patna High Court CR. MISC. No.54920 of 2023(2) dt.29-08-2023 2/2 wine in question. He submitted that one co-accused namely, Rahul Kumar, who apprehended on spot and on his confessional statement the name of the petitioner has come into light, has already been granted bail by a Co-ordinate Bench vide order dated 10.02.2023 passed in Cr. Misc. No. 71980 of 2022 and its analogous case. He is languishing in judicial custody since 13.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 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 Court below in connection with Kajanchi Hat P.S. Case No. 1010 of 2022.

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