Baleshwar Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83940 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Baleshwar Kumar Yadav Son Of Arun Yadav R/O Village- Godhighat, P.S. And District- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Madan 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 bail registered for the offence punishable under sections 30(a) of the Bihar Probihition and Excise Act.

3. Prosecution case relates to recovery of 904.77 litres of IMFL from pickup van which was being driven by the petitioner and he was arrested on spot. From possession of the petitioner one mobile and cash of Rs. 1,500/- were also recovered.

3. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent.

Patna High Court CR. MISC. No.83940 of 2023(2) dt.05-01-2024 2/3 Petitioner is simply a driver and on direction of the owner, he was driving the vehicle and he was unaware about the consignment loaded on it. Seized mobile and cash belong to the petitioner himself. Petitioner is languishing in judicial custody since 13.10.2023.

4. Learned APP appearing for the State has opposed the prayer of Bail.

5. Petitioner is directed to deposit Rs. 5,000/- (Rs. Five thousand) in the concerned DLSA.

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 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 and Sessions Judge Special Exicse Court No.-II, Bhagalpur in connection with Parbatta P.S. Case No. 188 of 2023.

7. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (Five thousand only) by the

Patna High Court CR. MISC. No.83940 of 2023(2) dt.05-01-2024 3/3 petitioner in the account of concerned DLSA.

(Sunil Kumar Panwar, J) sushma/- U