Patna High CourtCR. MISC./63574/2023allowed

Ashish Yadav v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63574 of 2023 Arising Out of PS. Case No.-156 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Ashish Yadav S/O Ramchandra Yadav R/O Village- Dunda Bigaha, P.SAmba, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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 section 30(a) of the Bihar Prohibition and Excise Amendment Act.

Prosecution case relates to recovery of total 40 liters country made wine from the Dicky of motorcycle bearing Reg. No. UP 32H-3484.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged recovery of wine or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehend co-accused Govind Bhuyea, before the

Patna High Court CR. MISC. No.63574 of 2023(2) dt.09-10-2023 2/2 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. Petitioner is languishing in judicial custody since 21.04.2023. 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 court of Special Judge, Excise No.01, Aurangabad in connection with Amba P.S. Case No. 156 of 2021.

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