Patna High CourtCR. MISC./79630/2023allowed

Babloo Yadav v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79630 of 2023 Arising Out of PS. Case No.-203 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== BABLOO YADAV S/O LATE SURAJ YADAV R/O VILLAGE- FUCHTI KALA, P.S- EKMA, DISTT.- SARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Vilochan Tiwary For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 & Excise Act.

3. Prosecution case relates to recovery of 345.6 liters of illicit liquor and mobile phone of the petitioner from a four wheeler vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He was not apprehended on spot rather he has falsely been implicated in this present case on the basis of mobile phone which was recovered from the seized vehicle. He has no concern with the seized vehicle or liquor. He has got

Patna High Court CR. MISC. No.79630 of 2023(2) dt.11-12-2023 2/2 no criminal antecedent and languishing in judicial custody since 2.10.2023.

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

6. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

7. 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 Janta Bazar P.S. Case No. 203 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran.

8. The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T