Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76281 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Ajay Yadav S/O Sri Nathuni Yadav R/O Village- Salehpur, Ps. Vishambharpur, Dist. Gopalganj ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Yadav For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 1080 litres of country made liquor from a boat. Petitioner is alleged to be fled away from the spot.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by local Chowkidar. There is no independent witness of the alleged seizure. Neither the
Patna High Court CR. MISC. No.76281 of 2023(2) dt.30-11-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 18.08.2023. Learned APP appearing for the State has 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 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 Addl. Sessions Judge II-cum-Special Judge Excise I, Gopalganj in connection with Jadopur P.S. Case No. 162 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T