Patna High CourtCR. MISC./81867/2023allowed

Manish Yadav v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81867 of 2023 Arising Out of PS. Case No.-927 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== MANISH YADAV SON OF LATE RAJ KUMAR YADAV @ LATE JAGDISH YADAV R/O MOHALLA- TRIPOLIA PATHRI GHAT, NEAR DEVI ASTHAN, P.S.- ALAMGANJ, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakib Ayaz, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 50 liters of illegal country-made liquor from the bag of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern with the seized wine in question. On the basis of suspicion and due to his criminal antecedents, petitioner has

Patna High Court CR. MISC. No.81867 of 2023(2) dt.19-12-2023 2/2 been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 06.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Exclusive Special Judge Excise, Patna City in connection with Alamganj P.S. Case No. 927 of 2023.

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