Patna High CourtCR. MISC./63233/2023allowed

Brajesh Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63233 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Brajesh Yadav Son Of Late Gajendra Yadav Resident Of Village - Araria, Police Station - Parbatta, District - Khagaria, Permanent Address At Village - Bari Shishwa, P.S. - Gogri, District - Khagaria, ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

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

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

3. Prosecution case relates to recovery of 43.5 litres of illicit liquor from Swift ZXI car and petitioner was apprehended with his motorcycle. It is further alleged that petitioner was working as liner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle in question from

Patna High Court CR. MISC. No.63233 of 2023(2) dt.10-10-2023 2/2 where liquor has been recovered. Petitioner was apprehended on the basis of suspicion with his motorcycle which is registered in his name. No incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 16.7.2023.

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 Special Judge Excise 2nd, Khagaria in connection with Pasraha P.S. Case No. 194 of 2023.

(Sunil Kumar Panwar, J) sushma/- U