Raj Kumar Yadav @ Prince Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60870 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Raj Kumar Yadav @ Prince Kumar Yadav Son Of Avdhesh Chaudhari @ Avdhesh Yadav Resident Of Village- Thepaha, Po- Thepaha, Ps- Jiradei, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Shahi For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== 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 has prayed for bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, the police intercepted a white Scorpio vehicle and recovered total 954 liters of Banti-Babli liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery of liquor or with the vehicle in question. His name has been dragged in this case only on the

Patna High Court CR. MISC. No.60870 of 2023(2) dt.22-09-2023 2/2 basis of confessional statement of apprehended co-accused Ranjit Kumar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The other co-accused namely, Ranjit Kumar @ Ranjit Kumar Yadav has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No.40698 of 2023. Petitioner is languishing in judicial custody since 10.08.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 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 Exclusive Special Excise Judge-02, Siwan in connection with Siwan Muffasil P.S. Case No. 301 of 2023.

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