Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63630 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== SUJIT KUMAR YADAV S/o- RAJ KUMAR YADAV Village- Nehalpur PsMabbi OP Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kritya Nand Jha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 sections 272, 273, 414/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of total 135 liters of illicit liquor from a tempo vehicle and the petitioner is said to be apprehend on spot with the seized vehicle.

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

Patna High Court CR. MISC. No.63630 of 2023(2) dt.10-10-2023 2/2 alleged recovery or with the vehicle in question. No any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 23.7.2023.

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

6. The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

7. 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 Saharghat P.S. Case No. 96 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-II-cum-Spl Judge, Excise, Madhubani.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Five thousand) in the account of the concerned DLSA. (Sunil Kumar Panwar, J) Amandeep/- U T