Patna High CourtCR. MISC./63950/2023allowed

Vinod Yadav @ Vinod Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63950 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BHADHWAR District- Gaya ====================================================== VINOD YADAV @ VINOD KUMAR son of Kail Yadav Village- Gangsa Tola Jamuniya Kolo Bhadwar Ps- Bhadwar Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. According to the FIR, 50 liters country made liquor contained in a plastic gallon is alleged to have been recovered from house of the petitioner.

4. 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 present case. He has got no criminal antecedent as stated in para-3 of the bail petition. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article

Patna High Court CR. MISC. No.63950 of 2023(2) dt.11-10-2023 2/2 has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police official not a single independent witness which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 26.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 released on bail in connection with Bhadwar P.S. Case No. 34 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 Addl. Sessions Judge-cum-Exclusive Special Judge, Court No.2, Gaya.

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