Mithu Yadav @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5239 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- NAWADA District- Nawada ====================================================== Mithu Yadav @ Mithlesh Yadav Son Of Late Lato Yadav Resident Of VillageBajrangi Bigha, P.S.- Nawada Town (KADIRGANJ O.P.) District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhanshu Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 40 litres of illicit country made liquor.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.5239 of 2024(2) dt.07-02-2024 2/2 recovery has been made from the open place. The petitioner has no concern either with the place of seizure or the illicit liquor. The petitioner is languishing in custody since 30.11.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, 1st, Nawada in connection with Nawada Town (Kadirganj O.P) P.S. Case No. 18 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T