Patna High CourtCR. MISC./78036/2023allowed

Bhola Yadav v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78036 of 2023 Arising Out of PS. Case No.-371 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== BHOLA YADAV S/O SURENDRA YADAV R/O VILLAGE- DHARAM PARSA, P.S- MANJHAGARH, DISTT.- GOPALGANJ.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Yadav For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 205.9 liters of illicit liquor from a motorcycle and the petitioner along with others are said to have been fled away from the place of occurrence.

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 on the disclosure of local Chaukidar. Petitioner has no concern with the alleged recovery of illicit liquor or with

Patna High Court CR. MISC. No.78036 of 2023(3) dt.20-12-2023 2/2 vehicle in question. Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is also submitted that the petitioner is languishing in judicial custody since c 7.10.2023.

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 Barauli P.S. Case No. 371 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 Additional District & Sessions Judge 2nd-Cum-Special Judge Excise Court No.1, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T