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Patna High CourtCR. MISC./65120/2023allowed

Abhishek Yadav v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65120 of 2023 Arising Out of PS. Case No.-380 Year-2023 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Abhishek Yadav Son Of Late Bhim Yadav @ Bhimkeshari Yadav Resident Of Village - Hathauji, P.S. - Nautan, District - Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore, (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is a case of recovery of 135 litres of illicit liquor from the beneath of the Scorpio Vehicle and his name has been transpired by the confessional statement of the co-accused namely, Vishal Kumar who apprehended on the spot.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Further it is submitted by the learned counsel for the petitioner that from perusal of the FIR, it appears that nothing has been

Patna High Court CR. MISC. No.65120 of 2023(2) dt.12-10-2023 2/2 recovered from the conscious possession or the house of the petitioner, rather recovery has been made from the vehicle in question. Petitioner has got three criminal antecedents and languishing in judicial custody since 11.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners 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 Exclusive Special Judge, Court No.II, Siwan in connection with Siwan Muffasil (Dhanauti) P.S. Case No. 380 of 2023. (Sunil Kumar Panwar, J) Guddu/- U T