Patna High CourtCR. MISC./64270/2023allowed

Ranjeet 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.64270 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Ranjeet Yadav S/O Late Siya Yadav R/O Village- Trimuhanighat, Ps. Bahera, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 30(a) of Bihar Prohibition & Excise Act.

3. It is a case of recovery of 77.46 litres of I.M.F.L. from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He has no concern with the seized illicit liquor. Nothing incriminating has been recovered from the conscious possession of the petitioner. The place of recovery is a house of joint possession of

Patna High Court CR. MISC. No.64270 of 2023(2) dt.12-10-2023 2/2 petitioner and other family members. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 19.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bahera P.S. Case No. 347 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge II (Excise Act), Darbhanga.

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