Patna High CourtCR. MISC./71244/2022allowed

Surendra Yadav v. The State Of Bihar

2023-01-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71244 of 2022 Arising Out of PS. Case No.-625 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Surendra Yadav S/O Devaki Yadav R/O Village- Bhawari Khurd, P.SFatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 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) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 100 litres of country made liquor from a motorcycle bearing registration No. BR-02AV-9736. Petitioner was driving the motorcycle in question.

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 vehicle in question. Nothing

Patna High Court CR. MISC. No.71244 of 2022(2) dt.06-01-2023 2/2 incriminating has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 15.10.2022.

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 Special Excise Court No. 1, Gaya in connection with Fatehpur P.S. Case No. 625 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U