Patna High CourtCR. MISC./60886/2023allowed

Sipahi Yadav @ Sipahi Prasad Yadav v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60886 of 2023 Arising Out of PS. Case No.-725 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Sipahi Yadav @ Sipahi Prasad Yadav S/O Ram Ashish Yadav @ Ramashish Prasad Yadav R/O Village- Dewapur, Asha, Rawat Tola, Ps. Manjhagarh, Dist. Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== 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.

Prosecution case relates to recovery of total 81 liters of country made liquor from E-Rickshaw bearing Reg. No.BR29ER-0417. The petitioner was apprehended on the spot along with driver of the said E-Rickshaw namely Dharmendra Yadav. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery of liquor and as per Annexure-P/2, the said E-Rickshaw belongs to

Patna High Court CR. MISC. No.60886 of 2023(2) dt.22-09-2023 2/2 Abhinandan Kumar Gupta. No any incriminating article has been recovered from his conscious possession. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 17.07.2023.

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 Additional District & Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Excise P.S. Case No. 725 of 2023.

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