Patna High CourtCR. MISC./69669/2023allowed

Umesh Yadav v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69669 of 2023 Arising Out of PS. Case No.-522 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== UMESH YADAV S/O KSHATRI YADAV @ CHHATREE YADAV VILLAGE- MOSIMPUR, PS. SADAR, DIST. DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 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. As per prosecution case, there is recovery of total 166 liters of illicit country made liquor from house of coaccused Kuber Yadav. This petitioner is said to have been fled away who was also involved in the trade of liquor.

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 on the disclosure of co-accused Kuber Yadav who

Patna High Court CR. MISC. No.69669 of 2023(2) dt.03-11-2023 2/2 was arrested on spot. The petitioner has no concern with the alleged recovery of illicit liquor and no any incriminating article has been recovered from his conscious. It is further submitted that the petitioner is languishing in judicial custody since 20.5.2023.

5. Learned APP appearing for the State has vehemently 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 released on bail in connection with Sadar P.S. Case No. 522 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-1st Excise Act, Darbhanga.

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