Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77094 of 2023 Arising Out of PS. Case No.-441 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Indradeo Yadav Son Of Late Tej Narayan Yadav Resident Of Village - Murali, Police Station - Phulparas, District - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 216 litres of illicit liquor from a Scorpio bearing Reg. No. HR30J-0402 which is alleged to be driven by the petitioner. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. He has no

Patna High Court CR. MISC. No.77094 of 2023(2) dt.04-12-2023 2/3 concern with the recovered illicit liquor. Moreover, the petitioner is languishing in judicial custody since 27.08.2023.

In contra, learned A.P.P. appearing on behalf of State vehemently opposed the prayer of bail and submitted that petitioner was driver of the aforesaid vehicle from which huge amount of liquor has been recovered.

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 Act), Jhanjharpur in connection with Phulparas P.S. Case No. 441 of 2023.

The petitioner is directed to deposit a sum of Rs. 1,000/-(Rupees Ten Thousands) in the concerned

Patna High Court CR. MISC. No.77094 of 2023(2) dt.04-12-2023 3/3 District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T