Dinesh Yadav @ Dinesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75140 of 2022 Arising Out of PS. Case No.-473 Year-2021 Thana- FATUA District- Patna ====================================================== Dinesh Yadav @ Dinesh Kumar Yadav Son Of Late Baldev Yadav Resident Of Village - Dabil, P.S.- Khaira, District - Jamui. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Raj For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 272, 273 of the Indian Penal Code and Sections 30(a), 33, 34, 36, 41, 56(b) of the Bihar Prohibition & Excise Act. Prosecution case relates to recovery of 3,120 litres of spirit from a Truck bearing Registration No. JH02G-6311. Driver of the Truck, namely, Suchit Yadav, was arrested on spot.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
Patna High Court CR. MISC. No.75140 of 2022(2) dt.25-02-2023 2/3 has committed no offence. He has no concern with the alleged recovery. The name of the petitioner came in light only because he is the owner of the Truck in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 20.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
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, Patna City in connection with Fatuha P.S. Case No. 473
Patna High Court CR. MISC. No.75140 of 2022(2) dt.25-02-2023 3/3 of 2021.
(Sunil Kumar Panwar, J) nirajkrs/- U T