Rameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61968 of 2023 Arising Out of PS. Case No.-363 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Rameshwar Yadav Son Of Late Harihar Yadav Resident Of Village- Suhiya, Ps- Shahpur, Distt- Bhojpur At Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Krishna For the Opposite Party/s :

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

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

As per prosecution case, the petitioner was apprehended on the spot along with a motorcycle and upon search total 14 pieces of 180 ml of illicit foreign liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery and the same is meager in

Patna High Court CR. MISC. No.61968 of 2023(2) dt.15-09-2023 2/2 quantity. It is further submitted that seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. Nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 09.08.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahpur P.S. Case No. 363 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 concerned Court.

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