Sita Ram Yadav @ Baba @ S.T.R v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74810 of 2022 Arising Out of PS. Case No.-90 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== Sita Ram Yadav @ Baba @ S.T.R Son Of Late Triveni Ray R/O Kodarkatta, Puran Tola, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ujiyarpur P.S. Case No. 90 of 2021 registered under sections 30(a), 41(i) (ii) of Bihar Prohibition and Excise Act and Sections 414, 461, 468, 471, 420 and 34 of the Indian Penal Code.

Prosecution case in short is that a liquor has been brought from a truck near Azad Chowk, Dalsinghsarai on that secret information, police team reached at that place, and saw that liquor was being unloaded from the vehicle. On seeing the police, accused persons ran away but after chase police apprehended two accused persons. And on search, police recovered 2852.280 liters from the truck and tata magic. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.74810 of 2022(3) dt.24-02-2023 2/2 falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of apprehended co-accused person Bideo Rai. It is further submitted that the petitioner has no concern either with the illegal liquor or apprehended persons or the seized vehicle and nothing has been recovered from the possession of the petitioner. He is languishing in judicial custody since 05.08.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ujiyarpur P.S. Case No. 90 of 2021 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 Concerned Court, Samastipur.

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