Patna High CourtCR. MISC./75698/2023allowed

Lal Bahadur Yadav v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75698 of 2023 Arising Out of PS. Case No.-941 Year-2023 Thana- Excise P.S. District- West Champaran ====================================================== Lal Bahadur Yadav Son Of Jagan Yadav R/O Of Village- Shivrajpur, P.S.- Nautan, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Kanhaiya Kishore (App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 54 liters of illegal country-made liquor from the bag of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. The provision of Section 100 of the Cr.P.C. has not been followed in this case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.75698 of 2023(2) dt.29-11-2023 2/2 possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.09.2023.

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 Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Excise P.S. Case No. 941 of 2023.

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