Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63797 of 2023 Arising Out of PS. Case No.-401 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ABHISHEK YADAV Son of Late Bhim Yadav @ Bhimkeshari Yadav R/o vill - Hathauji, P.S. - Nautan, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 401 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. As per FIR, the petitioner was apprehended on the spot and from a Bolero bearing Reg. No. BR-29D-6583, total 432 liters of I.M.F.L. was recovered.

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. He has no concern with the alleged

Patna High Court CR. MISC. No.63797 of 2023(2) dt.10-10-2023 2/3 recovery of liquor nor vehicle in question belongs to him. It is further submitted that nothing incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 11.08.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 10,000/- (Ten 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 Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 401 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 Exclusive Special Judge, Court No.II, Siwan.

The bail bond of the petitioner shall be accepted by the learned court below on showing the receipt of

Patna High Court CR. MISC. No.63797 of 2023(2) dt.10-10-2023 3/3 deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA. (Sunil Kumar Panwar, J) lata/- U T