Patna High CourtCR. MISC./446/2024allowed

Pramod Yadav v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.446 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Pramod Yadav Son of Radheshyam Yadav Resident Of Village Ahirauli Dan Khatiya P.S.- Tareya Sujan, Distt.- Kushinagar (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arunkumar Bhagat For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of total 429.600 liters illicit liquor from a boat.

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 case due to high handedness of police. He has no any concern with the alleged recovery of liquor. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is

Patna High Court CR. MISC. No.446 of 2024(2) dt.15-01-2024 2/2 languishing in judicial custody since 24.11.2023.

5. Learned APP appearing for the State has 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 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-IV-cum-Special Excise Court No.II, Gopalganj in connection with Vishambharpur P.S. Case No. 172 of 2023.

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