Nayan Yadav @ Krishna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1734 of 2023 Arising Out of PS. Case No.-94 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== Nayan Yadav @ Krishna Yadav Son Of Late Suresh Yadav Resident Of Village - Rajpur, P.S.- Raghunathpur, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kumari Anupam For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Raghunathpur P.S. Case No. 94 of 2021 registered under section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of total 435 liters of country made liquor and one Hero Honda Passion Pro Motorcycle from the bank of river Saryu.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was apprehended on spot nor any illicit liquor has been recovered from the conscious possession of the petitioner. He has no
Patna High Court CR. MISC. No.1734 of 2023(2) dt.28-03-2023 2/2 concern either with the seized motorcycle or with the alleged offence. His name came in the F.I.R. only on the basis of confessional statement of other co-accused person before the police. He is languishing in judicial custody since 18.05.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Raghunathpur P.S. Case No. 94 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of ADJ II, Siwan.
(Sunil Kumar Panwar, J) shubham/- U T