Jogindar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7754 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- PIPRASI District- West Champaran ======================================================

1. JOGINDAR YADAV aged about 35 years, Sex-Male, Son of Kamal Yadav R/o village- Mujahia Parihariya , P.S- Padrona, Dist- Kushi Nagar ( Uttar Pradesh)

2. Dhanesh Yadav, aged about 19 years, Sex-Male, Son of Ramchandar Yadav R/o village- Mujahia Parihariya , P.S- Padrona, Dist- Kushi Nagar ( Uttar Pradesh)

3. Shakur Ansari, aged about 40 years, Sex-Male, Son of Hadish Ansari R/o village- Muradih Tand, P.S- Piparasi, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioners and learned counsel appearing on behalf of the State. Petitioners seek bail in connection with Piparasi P.S.Case No.53 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case as lodged by the police personnel is that during search, the petitioners were apprehended and 734.400 litres liquor was recovered from the sugar cane field. Accordingly a seizure list was prepared. It has been submitted by the learned counsel for the petitioners that they are innocent, bears no criminal antecedent

Patna High Court Cr.Misc. No.7754 of 2019(6) dt.11-02-2019 2/2 and have been falsely implicated in the aforesaid case. He further submits that the alleged recovery was not made from the conscious possession of the petitioners and the petitioners are languishing in judicial custody since 15.09.2018, chargesheet having been submitted, there being no allegations of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Piparasi P.S.Case No.53 of 2018 to the satisfaction of learned Special Judge Excise, Bettiah, West Champaran.

(Nilu Agrawal, J) B.Kr./- U T