Bipin Yadav @ Vipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73914 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- FULKAHA District- Araria ====================================================== BIPIN YADAV @ VIPIN YADAV Son of Samatlal Yadav R/v- Achra (Anchra), Ward No. 05, P.S.- Fulkaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== 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 regular bail in a case registered for the offence punishable under sections 30(a), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 420 liters illicit country made liquor from a vehicle bearing Registration No. DL-7-CE-6011.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner is neither the driver nor owner of the vehicle in question and he has no concern with the alleged recovery of illicit liquor. Neither the petitioner was arrested on spot no any

Patna High Court CR. MISC. No.73914 of 2022(2) dt.20-01-2023 2/2 incriminating article has been recovered from his conscious possession. The name of petitioner acme into light on the confession made by co-accused namely Vikash Kumar Chaudhary. The petitioner is languishing in judicial custody since 13.10.2022.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Fulkaha P.S. Case No. 33 of 2021 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 Excise Court No.-II, Araria.

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