Patna High CourtCR. MISC./83837/2023allowed

Bhim Yadav @ Smart v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83837 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== BHIM YADAV @ SMART S/O PRAMOD RAY VILLAGE- BARA (BASANTPUR),PS. ARA MUFFASIL, DIST. BHOJPUR, ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shweta For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 and Excise Act.

3. Prosecution case relates to recovery of total 440 liters of illicit liquor from a car bearing Registration no. BR1Y2192 and the petitioner is said to have been fled away from the place of occurrence.

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. He has got no criminal antecedent. Petitioner has no concern with the alleged recovery of illicit liquor or with the

Patna High Court CR. MISC. No.83837 of 2023(2) dt.05-01-2024 2/2 vehicle in question. Neither he was arrested on spot nor any incriminating article has been recovered from conscious possession of the petitioner. The petitioner is languishing in judicial custody since 16.9.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ara Muffasil P.S. Case No. 37 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 Exclusive Special Excise Court 1st Bhojpur at Ara.

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