← Library
Patna High CourtCR. MISC./80195/2023allowed

Krishna Yadav v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80195 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== Krishna Yadav Son Of Abodh Yadav R/O Vill - Kerwa, P.S. - Saharghat, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 72 liters of country made liquor from field near Middle school.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and also nothing has been recovered from his conscious possession. He has no concern either with the seized liquor or with the place in question. Moreover, he is

Patna High Court CR. MISC. No.80195 of 2023(2) dt.14-12-2023 2/2 languishing in judicial custody since 18.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharghat P.S. Case No. 38 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 ADJ II cum Special Judge Excise Act, Madhubani. (Sunil Kumar Panwar, J) Shubham/- U T