Bhavnath Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1270 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- DORIGANJ District- Saran ====================================================== Bhavnath Kumar Yadav S/O Late Ramayan Prasad @ Ramayan Ray Resident Of Village- Sadhpur, P.S.- Garkha, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
There is recovery of 120 litres of illicit liquor from the bank of river Ganga at Singhi Raghav Ghat. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the
Patna High Court CR. MISC. No.1270 of 2023(2) dt.03-04-2023 2/2 place of seized or the illicit liquor. Moreover other coaccused has been granted bail by a coordinate Bench of this Court vide order dated 04.01.2023 passed in Cr. Misc. No. 61738 of 2022. The petitioner is languishing in custody since 16.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the fact aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise-I, Saran, Chapra in connection with Doriganj P.S. Case No. 239 of 2022.
(Sunil Kumar Panwar, J) Ayush Tripathi/- U T