Patna High CourtCR. MISC./82833/2023allowed

Dinesh Kumar Yadav v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82833 of 2023 Arising Out of PS. Case No.-924 Year-2023 Thana- Excise P.S. District- Siwan ====================================================== Dinesh Kumar Yadav Son Of Raj Narayan Yadav R/O Vill - Hathauda, Badka Tola, P.S. - Hussainganj, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawnit Kumar Tiwary For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 846 liters of illicit liquor from a Scorpio vehicle and 90 liters of illicit liquor from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to highhandedness of the police. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern either with the alleged liquor or with the vehicles in question. A

Patna High Court CR. MISC. No.82833 of 2023(2) dt.02-01-2024 2/2 statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siwan Excise P.S. Case No. 924 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 Special Excise Judge-II, Siwan. (Sunil Kumar Panwar, J) Shubham/- U T