Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70711 of 2022 Arising Out of PS. Case No.-396 Year-2021 Thana- MAHUA District- Vaishali ====================================================== DEEPAK YADAV S/o Vaidhnath Yadav @ Baidhnath Yadav R/o VillageRajaso (Rajason), P.S.- Bidupur, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-01-2023 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 272, 273 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 250 litres of illicit country made liquor from Jogar gaari and one person, namely, Arjun Kumar was apprehended on spot and he disclosed the name of the petitioner .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern with the alleged recovery or with vehicle in question. The name

Patna High Court CR. MISC. No.70711 of 2022(2) dt.20-01-2023 2/2 of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. 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 16.11.2022.

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 Special Excise Court (Second)-cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Mahua P.S. Case No. 396 of 2021.

(Sunil Kumar Panwar, J) sushma/- U