Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5935 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.

RAJ KUMAR YADAV S/O LAXMAN YADAV @ LAKSHUMAN YADAV R/O VILLAGE- KALEYANPUR, P.S- BIHIYA, DISTT.- BHOJPUR. 2.

RAM KUMAR YADAV S/O RAMJI YADAV R/O VILLAGEKALEYANPUR, P.S- BIHIYA, DISTT.- BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Bihiya P.S. Case No. 302 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, 200 litre country made liquor was recovered from motorcycle in question and both petitioners were apprehended on spot.

Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this

Patna High Court CR. MISC. No.5935 of 2024(2) dt.08-02-2024 2/3 case. It is further submitted that the petitioners are not the owners of the motorcycle in question and they have no knowledge regarding the illicit liquor recovered from the said motorcycle. Seizure list has not been made as per law. Petitioners are in custody since 29.11.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioners bear no criminal antecedent. The learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court 1st Bhojpur Ara in connection with Bihiya P.S. Case No. 302 of 2023, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.5935 of 2024(2) dt.08-02-2024 3/3 affidavit in bail application.

(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T