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Patna High CourtCR. MISC./61726/2023allowed

Sulo Yadav @ Sulendra Yadav v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61726 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== SULO YADAV @ SULENDRA YADAV Son of Bachchu Yadav R/o vill - Raykundi, Matkora, P.S - Kiul, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

3. The petitioner along with co-accused persons are alleged to have apprehended by the police with illicit liquor. 20 liters illicit liquor was said to have recovered from motorcycle of the petitioner which was without number plate.

4. 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 present case. Petitioner is driver of the seized vehicle but he has no concern with the alleged recovery of liquor. No any

Patna High Court CR. MISC. No.61726 of 2023(2) dt.15-09-2023 2/3 incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 17.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is apprehended on spot with a motorcycle from where illicit liquor was recovered.

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Bannu-Bagicha P.S. Case No. 23 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 Additional Sessions Judge-V-cum Exclusive Special Court No.-2, Excise Act, Lakhisarai.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account

Patna High Court CR. MISC. No.61726 of 2023(2) dt.15-09-2023 3/3 of the concerned District Legal Service Authoritiy. (Sunil Kumar Panwar, J) Amandeep/- U T