Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60854 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Jai Prakash Yadav S/O Umashankar Yadav R/O Village- Sisai Nandu Rai Ke Tola, P.S- Goreyakothi, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Basantpur P.S. Case No. 315 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 95.400 liters foreign liquor was recovered from two motorcycles bearing Reg. No. BR-06K-8262 and BR-04-AL-0724. The petitioner was arrested on spot while three other co-accused persons managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.60854 of 2023(2) dt.22-09-2023 2/3 committed no offence. He has falsely been implicated in this present case due to enmity and ill motive of the local police. He has no concern with the alleged recovery of liquor nor vehicles in question belongs to him. Seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 30.06.2023. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Basantpur P.S. Case No. 315 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 Court of Exclusive Special Excise Court No.I, Siwan.

The bail bonds of the petitioner shall be accepted by

Patna High Court CR. MISC. No.60854 of 2023(2) dt.22-09-2023 3/3 the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

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