Yuwraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82559 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Yuwraj Kumar S/O Satyendra Singh R/O Village- Barai Patti Tola Harpur, P.S- Mirganj, Distt.- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 48 litres of country made liquor from a commander jeep bearing Reg. No. UP-52C-3212. The petitioner is driver of the alleged pick-up van and apprehended on spot It is submitted by learned counsel for the petitioner that petitioner has committed no offence and he has falsely been implicated in the present case.

Patna High Court CR. MISC. No.82559 of 2023(2) dt.20-12-2023 2/3 Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. Petitioner is languishing in judicial custody since 07.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. 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 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 Additional District & Sessions Judge IV-cum-Exclusive Excise Court NO. II, Gopalganj in connection with Mirganj P.S. Case No. 337 of 2023.

In contra, learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail and submitted that petitioner was driver of the aforesaid vehicle and apprehended on spot.

Patna High Court CR. MISC. No.82559 of 2023(2) dt.20-12-2023 3/3 The petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousands) in the concerned District Legal Services Authority.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 10,000/-(Rupees Ten Thousands) in District Legal Services Authority of concerned District. (Sunil Kumar Panwar, J) Nirajkrs/- U T