Ashok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78643 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- KHIRHAR District- Madhubani ====================================================== Ashok Kumar Yadav Son Of Late Rajendra Yadav R/O Vill - Sothgaw, P.S. - Harlakhi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Rajesh Kumar Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Khirhar P.S. Case No. 70 of 2023 registered under sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 72 liters of country made liquor from the motorcycle of the petitioner bearing Reg. No. BR32K921.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.78643 of 2023(2) dt.07-12-2023 2/3 nothing incriminating has been recovered from the conscious possession of the petitioner and he has no concern with the seized illicit liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.08.2023.

The application for bail is opposed by learned APP for the State and submitted that the petitioner has been arrested on spot with the said vehicle by the police where the recovery has been made.

The petitioner is directed to deposit a sum of Rs. 5,000/- (Rs. Five Thousand) in the District Legal Services Authority of the concerned District.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khirhar P.S. Case No. 70 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IIcum Special Judge, Excise Act, Madhubani.

Patna High Court CR. MISC. No.78643 of 2023(2) dt.07-12-2023 3/3 The bail bonds of the petitioner shall be accepted by the learned lower Court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five Thousand) by the petitioner in the account of concerned DLSA.

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