Hari Shankar Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5380 of 2023 Arising Out of PS. Case No.-705 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== 1.

HARI SHANKAR KUMAR YADAV Son of Sri Girish Yadav Resident of Village - Ballahpur, Police Station - Hasanpur, District - Samastipur. 2.

Nawab Kumar Son of Kusheshwar Yadav Resident of Village - Parkaulia, Police Station - Bithan, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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 54.870 litres of IMFL from a white colour Scorpio of which petitioner no. 1 was driver and petitioner no. 2 was sitting behind. 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. They have no concern with the alleged recovery or with the vehicle in

Patna High Court CR. MISC. No.5380 of 2023(3) dt.27-03-2023 2/2 question. Petitioners have no idea about keeping of illicit liquor in the said vehicle. Petitioners are languishing in judicial custody since 31.12.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Petitioners are directed to deposit Rs. 15,000/- (Rs. thirty 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) each with two sureties of the like amount each to the satisfaction of the learned Spl. Judge Excise Court-II, Jamui, Bihar in connection with Jamui Prohibition P.S. Case No. JAM 705 of 2022. The bail bonds of the petitioners shall be accepted by the learned court below on showing receipt of deposit of Rs. 15,000/- (thirty thousand only) each by the petitioners in the account of concerned DLSA.

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