Patna High CourtCR. MISC./82646/2023allowed

Shambhu Yadav v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82646 of 2023 Arising Out of PS. Case No.-681 Year-2023 Thana- BARH District- Patna ====================================================== SHAMBHU YADAV S/O LATE PYARE YADAV R/O VILLAGEKAJMUNICHAK, GULABBAGH, P.S- BARH, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 27 liters of illegal foreign liquor in front of the house of 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. No incriminating article has been recovered from the conscious possession of the petitioner. On the basis of suspicion, petitioner has been

Patna High Court CR. MISC. No.82646 of 2023(2) dt.20-12-2023 2/2 implicated in the present case. He is languishing in judicial custody since 19.10.2023.

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 Court concerned in connection with Barh P.S. Case No. 681 of 2023.

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