Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55727 of 2023 Arising Out of PS. Case No.-567 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== DINESH YADAV SON OF CHANDRADEEP YADAV VILLAGE PARSON BIGHA PS DEO DISTRICT AURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey For the Opposite Party/s :
Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 77.760 liters of illegal foreign liquor from a bush.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine and the place of occurrence does not belongs to the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. The
Patna High Court CR. MISC. No.55727 of 2023(2) dt.30-08-2023 2/2 provision of the Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 19.07.2023.
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 Government Official Comp. P.S. Case No. 567 of 2023. (Sunil Kumar Panwar, J) arish/- U T