Alok Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70094 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Alok Kumar Yadav Son Of Jay Prakash Yadav Resident Of Village- Kamrail, Ps- Marauna, Distt- Supaul ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== 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 bail in a case registered for the offence punishable under sections 272, 273/34 of Indian Penal Code and Section 30(a), 47 of the Bihar Prohibition and Excise Act.
3. Prosecution case relates to recovery of 115 litres of illicit liquor from a motorcycle. The petitioner is alleged to be the driver of the said motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been
Patna High Court CR. MISC. No.70094 of 2023(2) dt.03-11-2023 2/3 recovered from the conscious possession of the petitioner. Petitioner is not concerned either with the seized illicit liquor or with the motorcycle in question. Moreover, he is languishing in judicial custody since 12.07.2023.
5. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail and submitted that petitioner was driving the motorcycle from which illicit liquor has been seized.
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 Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 176 of 2023.
7. The petitioner is directed to deposit a sum
Patna High Court CR. MISC. No.70094 of 2023(2) dt.03-11-2023 3/3 of Rs. 5,000/-(Rupees Five Thousands) in the concerned District Legal Services Authority.
8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 5,000/-(Rupees Five Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T