Patna High CourtCR. MISC./71954/2022allowed

Narad Yadav v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71954 of 2022 Arising Out of PS. Case No.-219 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== NARAD YADAV S/o Shiv Shankar Yadav R/o Muhalla- Salempur, P.S.- Ara Mufassil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 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 30(a), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 173.52 litres of IMFL from a motorcycle and a car and accused persons were trying to escape but on chase two accused persons namely, Golu Kumar and Aakash Kumar were apprehended on spot, who disclosed the name of escaped persons including the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicles in question. Neither the petitioner was arrested on spot

Patna High Court CR. MISC. No.71954 of 2022(2) dt.13-01-2023 2/2 nor any incriminating article has been recovered from his conscious possession. His name has been disclosed by apprehended co-accused before the police, which has no evidentiary value in the eye of law. He is languishing in judicial custody since 05.09.2022.

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 Exclusive Court 1st Bhojpur at Ara in connection with Ara Muffasil (Dhobha O.P.) P.S. Case No. 219 of 2022. (Sunil Kumar Panwar, J) sushma/- U