Kapildev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7183 of 2023 Arising Out of PS. Case No.-304 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== 1.

KAPILDEV YADAV S/o Jaydev Yadav R/o Village- Sarra Sonpatahi, P.S.- Babubarhi, Distt- Madhubani.

2.

Sakaldev Yadav S/o Jaydev Yadav R/o Village- Sarra Sonpatahi, P.S.- Babubarhi, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with G.R No. 2404 of 2022 arising out of Babubarhi P.S. Case No. 304 of 2022 registered for the offence under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

Learned counsel for the petitioners submits that the petitioners are in custody since 07.12.2022 and there is recovery of total 38.925 Litres of illicit liquor from the house of the petitioners and they have no criminal antecedent.

Patna High Court CR. MISC. No.7183 of 2023(2) dt.03-05-2023 2/2 Learned APP has vehemently opposed the prayer of bail.

Considering the period of custody and recovery of liquor from their house, this application for regular bail is allowed.

Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge Excise Act, Madhubani in connection with Babubarhi P.S. Case No. 304 of 2022.

The petitioners will visit Babubarhi Police Station on the first Sunday of each month. Any default in appearance at the Police Station would be result in cancellation of bail bond of the petitioners.

(Sandeep Kumar, J) Harsh/ U T