Jagarnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74352 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- MADHEPUR District- Madhubani ====================================================== Jagarnath Yadav Son Of Munna Yadav R/O Vill.- Gonaura, P.S.- Marauna, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273 & 414 of the Indian Penal Code and Section 30(a), 37 of the Bihar Prohibition Act and Excise Act.

Prosecution case relates to recovery of 9 liters country made liquor from a motorcycle bearing Registration No. BR50S-3564.

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. Petitioner has no concern with the alleged recovery of illicit liquor and he is not the registered owner of the motorcycle in

Patna High Court CR. MISC. No.74352 of 2022(2) dt.13-01-2023 2/2 question from there the recovery has been made. No any incriminating article has been recovered from his conscious or constructive possession. The petitioner is languishing in judicial custody since 20.9.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the fact that the recovery of liquor is meagre in quantity, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepur P.S. Case No. 200 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise Act, Jhanjharpur, DistrictMadhubani. (Sunil Kumar Panwar, J) amandeep/- U T