Patna High CourtCR. MISC./75846/2023allowed

Om Prakash Yadav v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75846 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- LACHHUAR District- Jamui ====================================================== OM PRAKASH YADAV SON OF JAIRAM YADAV R/O VILLAGEDHARAMPUR, P.S- CHANDRADEEP, DISTT.- JAMUI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 of the I.P.C. and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioner along with co-accused person are said to have apprehended with two motorcycles and from motorcycle of co-accused, 55 liters of illicit liquor was recovered.

4. 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. Nothing has been recovered from conscious

Patna High Court CR. MISC. No.75846 of 2023(2) dt.30-11-2023 2/2 possession of the petitioner rather the illicit liquor was recovered from motorcycle of co-accused Vikash Kumar. He has no concern with the alleged recovery of illicit liquor or with the co-accused. The petitioner is languishing in judicial custody since 19.7.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 Lachhuar P.S. Case No. 73 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-I, Jamui.

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