Brijesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74044 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== BRIJESH YADAV Son of Kolai Yadav R/V- Chhardawali, Basantpur P.SSathi, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there has been recovery of 40 liters of illegal brewed country liquor from a motorcycle, which was driven by the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.74044 of 2022(4) dt.12-04-2023 2/3 committed no offence. He submitted that the petitioner has no concern with the motorcycle as well as wine in question. He submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the seized vehicle belongs to one Nita Devi, who annexed affidavit and stated that her motorcycle was given to Brijesh Yadav, on his request for going to the house of his relative. He is languishing in judicial custody since 08.09.2022. The application for bail is opposed by learned APP for the State.

The petitioner is directed to deposit Rs. 10,000/- (Ten thousand) in the account of concerned DLSA.

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 Spl. Judge Excise, Bettiah at West Champaran in connection with Purushottampur P.S. Case No. 82 of 2022. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.74044 of 2022(4) dt.12-04-2023 3/3 10,000/- (Ten thousand) by the petitioner in the account of concerned DLSA.

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