Yash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3084 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

YASH KUMAR SON OF JUGGI SONKAR R/O VILLAGE- HAJIPUR, P.S.- BAHARIYAN BAY, DISTRICT- GAJIPUR (U.P.) 2.

PARAMJEET MUSHAR SON OF SURESH MUSHAR R/O VILLAGEHAJIPUR, P.S.- BAHARIYAN BAY, DISTRICT- GAJIPUR (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Durgawati P.S. Case No. 374 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

The allegation is regarding recovery of 144 liters of illicit liquor from a car and it is alleged that while the petitioners were fleeing away, they were caught by the police. The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean

Patna High Court CR. MISC. No.3084 of 2023(2) dt.10-02-2023 2/2 antecedent and are languishing in custody since 14.12.2022. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioners on regular bail. Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Special Judge (Excise) Court no.2, Kaimur at Bhabua, in connection with Durgawati P.S. Case No.374 of 2022.

(Mohit Kumar Shah, J) rinkee/sonalU T