Patna High CourtCR. MISC./85576/2023allowed

Basai Yadav @ Badshah Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85576 of 2023 Arising Out of PS. Case No.-43 Year-2021 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Basai Yadav @ Badshah Yadav S/o-Rajdev Yadav R/o-Manichara farm,P.S.- Kuchaikote, District- Gopalgang ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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. According to the prosecution, one co-accused Rajesh Yadav is alleged to have been apprehended with a tractor from where total 234 liters of illicit country made liquor was recovered. The apprehended persons disclosed the name of the petitioner and others.

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. recovery of illicit liquor or with the tractor.

Patna High Court CR. MISC. No.85576 of 2023(2) dt.10-01-2024 2/2 Neither he was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 30.10.2023.

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 Vishambharpur P.S. Case No. 43 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV-Cum-Special Excise Court No.II, Gopalganj.

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