Patna High CourtCR. MISC./60302/2023allowed

Ranjeet Yadav v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60302 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== RANJEET YADAV S/O SHAHADUR YADAV @ SURYNATH YADAV VILLAGE- SADHAN, PS BALUA, DIST- CHANDAULY (U.P.) ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarfraz Ahmad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in connection with Durgawati P.S. Case No. 241 of 2023 registered under section 30(a), of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 1104.450 liters of illegal liquor from from a mini bus and the petitioner was also apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner and he has no

Patna High Court CR. MISC. No.60302 of 2023(3) dt.17-10-2023 2/3 concern with the seized illicit liquor. It is also submitted that the petitioner is not the owner of the said vehicle. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.07.2023.

5. The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

6. The petitioner being driver of the alleged vehicle is directed to deposit a sum of Rs. 20,000/- (Rs. Twenty Thousand) in the District Legal Services Authority of the concerned District.

7. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Durgawati P.S. Case No. 241 of 2023 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 Special Judge, Excise-II-cum ADJ-VIIth, Kaimur at Bhabhua.

8. The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.60302 of 2023(3) dt.17-10-2023 3/3 by the learned lower Court below on showing the receipt of deposit of Rs. 20,000/- (Rs. Twenty Thousand) by the petitioner in the account of concerned DLSA.

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