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Patna High CourtCR. MISC./6215/2022allowed

Omkar Yadav @ Uma Shankar Yadav v. The State Of Bihar

2022-05-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6215 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== 1.

OMKAR YADAV @ UMA SHANKAR YADAV S/o Prabha Yadav Resident of Village- Chodhi, Chorhi, P.S.- Fatehpur, District-Gaya. 2.

Mithu Kumar Yadav @ Muthu Yadav @ Mithu Yadav S/o Gondu Yadav @ Gendu Yadav Resident of Village- Chodhi @ Chorhi, P.S.- Fatehpur, District- Gaya 3.

Kamlesh Kumar @ Kamlesh Yadav S/o Sanjay Yadav Resident of VillageChodhi @ Chorhi, P.S.- Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with G.R. No. 2129 of 2021 arising out of Fatehpur P.S. Case No. 391 of 2021 registered under Sections 30(b) and 30(c) of Bihar Prohibition and Excise Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case merely on the basis of secret information. Further submission is that on perusal of seizure list, it appears that the alleged recovery of illicit liquor has been

Patna High Court CR. MISC. No.6215 of 2022(2) dt.20-05-2022 2/2 made from the Chowdi Jungle. Petitioners have got no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Sessions Judge-IIcum-Special Judge, Excise Act, Gaya in connection with G.R. No. 2129 of 2021 arising out of Fatehpur P.S. Case No. 391 of 2021, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) utkarsh/- U T