Shankar Yadav @ Shankar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75296 of 2022 Arising Out of PS. Case No.-106 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== SHANKAR YADAV @ SHANKAR PRASAD YADAV S/o Late Bhumi Yadav R/v- Chhoti Bandehra, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-01-2023 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 951.435 litres of IMFl and 26 litres of Codeine Phosphate & Chlorpheniranine Maleate syrup from a hut situated near the house of the petitioner. Two persons were apprehended on spot who disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has no concern

Patna High Court CR. MISC. No.75296 of 2022(2) dt.20-01-2023 2/2 with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Similarly situated other co-accused persons have already been granted bail vide order dated 19.11.2022 passed in Cr. Misc. No. 57083 of 2022. He is languishing in judicial custody since 25.07.2022. 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 Special Judge, Excise Act, 2nd Khagaria in connection with Excise P.S. Case No. 106C3 of 2020.

(Sunil Kumar Panwar, J) sushma/- U