Patna High CourtCR. MISC./70497/2023allowed

Gulab Yadav @ Gulab Kumar Yadav v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70497 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Gulab Yadav @ Gulab Kumar Yadav S/o - Virender Yadav @ Braj Kishore Yadav R/o village- Bela Yakub Kabirchak, P.s. - Bahadurur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 467, 468/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per FIR, the petitioner was apprehended on the spot and from a white colour Pickup Van, total 595.8 liters of liquor of different brand of foreign liquor was recovered.

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 case due to dirty village politics. Petitioner was helper of driver

Patna High Court CR. MISC. No.70497 of 2023(2) dt.06-11-2023 2/2 of the alleged vehicle and he was no knowledge about such liquor. He has no concern with the alleged recovery of liquor nor the vehicle in question belongs to him. No any incriminating article has been recovered from his conscious possession. The petitioner has got no criminal antecedent and languishing in judicial custody since 13.08.2023.

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

6. 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 Exclusive Special Judge-I (Excise Act), Darbhanga in connection with Sadar P.S. Case No. 561 of 2023. (Sunil Kumar Panwar, J) lata/- U T