Patna High CourtCR. MISC./73755/2023allowed

Mahesh Yadav v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73755 of 2023 Arising Out of PS. Case No.-881 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Mahesh Yadav Son Of Late Gauri Chaudhary @ Gauri Yadav Resident Of Village - Habibnagar, P.S. - Hussainganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 405 liters of illicit liquor from orchard.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern either with the seized liquor or with the place in question. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he

Patna High Court CR. MISC. No.73755 of 2023(3) dt.05-01-2024 2/2 is languishing in judicial custody since 14.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siwan Excise P.S. Case No. 881 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Court No.-II, Siwan.

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