Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69328 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ASHOK YADAV S/o Vishwanath Yadav R/o- Daulatpur Balua, P.S.- Ara Mufassil, Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 272 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of 80 liters of illicit liquor from the under construction house of one Sanjay Yadav and the petitioner is alleged to be working as a labour at the said under construction house.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.69328 of 2022(2) dt.08-02-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 18.8.2022. The learned counsel for the petitioner has further submitted that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor the house in question belongs to the petitioner. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that neither the house in question from where the illicit liquor has been recovered belongs to the petitioner nor the illicit liquor has been recovered from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner

Patna High Court CR. MISC. No.69328 of 2022(2) dt.08-02-2023 3/3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Bhojpur, Ara in connection with Ara Mufassil P.S. Case No. 272 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T