Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14179 of 2021 Arising Out of PS. Case No.-68 Year-2020 Thana- DEODHA District- Madhubani ====================================================== 1.

MUKESH KUMAR YADAV S/O Jitendra Yadav R/o village- Inarwa goth, P.S.- Deodha, District - Madhubani.

2.

Indrajit Kumar Yadav @ Lalu @ Lalu Yadav S/o Ram Bharos Yadav R/o village- Inarwa goth, P.S.- Deodha, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through video conferencing.

The petitioners have filed the instant application for grant of regular bail in connection with Deodha P.S. Case no. 68 of 2020 (G.R. no. 858 of 2020) registered under sections 272, 273 and 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 180 litres each of Nepali wine was recovered from the house of the two petitioners. It is submitted by learned counsel for the petitioners that the allegations of recovery are false and connected. The petitioners have been falsely implicated in the case. They have

Patna High Court CR. MISC. No.14179 of 2021(2) dt.22-07-2021 2/2 no criminal antecedent and are in custody since 18.7.2020. Investigation in the case has concluded.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioners not having any criminal antecedent and having remained in custody for more than one year, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Deodha P.S. Case no. 68 of 2020 (G.R. no. 858 of 2020) on each of them furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge II-cum-Special Judge, Excise Act, Madhubani. Spd/- (Partha Sarthy, J) U T