Patna High CourtCR. MISC./63362/2023bail granted

Ravi Kumar @ Hari Yadav v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63362 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Ravi Kumar @ Hari Yadav S/O- Jagdish Yadav, R/o Village- Bhitiyana P.S.- Jasidih ,District- Deoghar, State Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 272, 273/34 of the Indian Penal Code.

3. The prosecution case, in short, is that 1987.920 liters wine is recovered.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.05.2023. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 1987.920 liters wine is recovered from the pick up van. The pick up van in question does not

Patna High Court CR. MISC. No.63362 of 2023(2) dt.10-10-2023 2/2 belong to the petitioner. The petitioner is not named in the F.I.R. His name has transpired in this case on confessional statement of co-accused. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no chance of trial being concluded in near future. There is no compliance of Section 100 Cr.P.C.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court in connection with Laxmipur P.S. case No.231 of 2023.

(Sudhir Singh, J) Narendra/- U T