Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62789 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== SANTOSH YADAV Son of Parsuram Yadav R/o vill - Madarwani, P.s. - Phulwariya, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== 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 sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 44 litres of country made liquor from two gunny bags on two motorcycles bearing Reg No. BR29G8193 and UP52K5927 and two persons namely, Janu Kumar Sah and Brajendra Kumar Yadav were apprehended on spot, who disclosed the name of the petitioner who managed to escape taking the benefit of dense bush. 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 or with the

Patna High Court CR. MISC. No.62789 of 2023(2) dt.22-09-2023 2/2 vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 8.7.2023. 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 Additional District and Sessions Judge II-cum-Special Judge, Excise-1, Gopalganj in connection with Phulwariya P.S. Case No. 226 of 2023.

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