Patna High CourtCR. MISC./81505/2023allowed

Pawan Kumar Yadav @ Pawan Yadav v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81505 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- BARAHAT District- Banka ====================================================== Pawan Kumar Yadav @ Pawan Yadav Son Of Kishan Yadav R/O VillageMaharkurawa, P.S.- Banka, District- Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 32(2), 30(a), of the Bihar Prohibition and Excise Act.

3. As per FIR, prosecution case relates to recovery of 268.560 liters country made liquor from a wagon R car.

4. 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. The petitioner has no concern with the alleged recovery nor car in question belong to him. No any incriminating article has been recovered from conscious

Patna High Court CR. MISC. No.81505 of 2023(2) dt.18-12-2023 2/2 possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barahat P.S. Case No. 161 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 Additional District and Sessions Judge-II Banka/Concerned Court.

(Sunil Kumar Panwar, J) manishkumar/- U