Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.222 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== Sanjay Yadav S/O Late Ram Charan Yadav Resident Of VillageMahamadpur, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 272, 273/34 of the Indian Penal Code and Section 30(a), 44 of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 87 litres of illicit liquor from the house of the petitioner and 15.6 litres of illicit liquor from the straw, adjacent to the wall of the house of the petitioner.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.222 of 2023(2) dt.24-03-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery. Nothing incriminating has been recovered from the conscious possession of the petitioner. The house from where the alleged recovery has been made belongs to joint family possession. He is languishing in judicial custody since 26.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
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 Additional Sessions Judge-2-cum-Special Judge, Excise Act, Madhubani in
Patna High Court CR. MISC. No.222 of 2023(2) dt.24-03-2023 3/3 connection with Benipatti P.S. Case No. 04 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T