Bipin Yadav @ Vipin Yadav @ Bipin Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4137 of 2023 Arising Out of PS. Case No.-39 Year-2020 Thana- FULKAHA District- Araria ====================================================== BIPIN YADAV @ VIPIN YADAV @ BIPIN KUMAR YADAV Son of Samat Lal Yadav R/v- Achra, 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.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 252 liters of illegal Nepali liquor from a Car.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case on the basis of suspicion. He has committed no offence. Petitioner has not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since
Patna High Court CR. MISC. No.4137 of 2023(4) dt.01-08-2023 2/2 13.10.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Fulkaha P.S. Case No. 39 of 2020.
(Sunil Kumar Panwar, J) arish/- U T