Patna High CourtCR. MISC./2834/2023allowed

Sanjay Yadav v. The State Of Bihar

2023-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2834 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== 1.

SANJAY YADAV Son of Budhan Yadav R/v- Purushottampur, P.S.- Bihra, District- Saharsa 2.

SUBODH KUMAR MANDAL Son of Rajendra Mandal R/v- Purikh Rakiya, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 265.500 IMFL from a Tata Magic vehicle of which petitioners were driver and khalasi.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Both the petitioners are languishing in judicial custody since 4.12.2022.

Patna High Court CR. MISC. No.2834 of 2023(2) dt.04-04-2023 2/2 Learned APP appearing for the State has opposed the prayer of Bail.

Both the petitioners are directed to deposit Rs. 10,000/- (Rs. Ten thousand) each in the concerned DLSA. 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 & Sessions Judge-V, Banka in connection with Excise Complaint Case No. 281 of 2022.

The bail bonds of the petitioners shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (Ten thousand only) each by the petitioners in the account of concerned DLSA. (Sunil Kumar Panwar, J) sushma/- U