Nagdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72508 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== NAGDEO YADAV Son of Bala Yadav R/O village - Bhaluhara, Riyasat Pawai, P.S.- Aurangabad Muffasil, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Nityanand ====================================================== 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 section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 20.100 litres illicit liquor from chicken shop of co-accused Suraj Thakur and petitioner managed to escape leaving behind his motorcycle near the chicken shop, from which 4.5 litres of illicit liquor has been recovered.

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

Patna High Court CR. MISC. No.72508 of 2022(2) dt.13-01-2023 2/2 place of occurrence. The name of the petitioner has been disclosed in this case only because of the ownership of the alleged motorcycle, to which he provided to main accused Suraj Thakur for driving. 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 10.11.2022.

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 Judge (Excise), Aurangabad in connection with Aurangabad Town P.S. Case No. 30 of 2022.

(Sunil Kumar Panwar, J) sushma/- U