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Patna High CourtCR. MISC./9513/2019bail granted

Jitendra Yadav And ANR v. The State Of Bihar

2019-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9513 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- THAWE District- Gopalganj ======================================================

1. JITENDRA YADAV, aged about 36 years (M), son of Shankar Yadav Resident of Village - Koinaha , P.S.- Tareya Sujan, District- Kushinagar, Uttar Pradesh

2. Dilip Kumar, aged about 18 years, (M), son of Ram Pravesh Rai, Resident of Village - Shivrajpur, P.S.- Tareya Sujan, District- Kushinagar, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Thawe Case No. 01 of 2019 registered for the offence punishable under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 192 litres of illicit liquor from a Bolero vehicle.

The learned counsel for the petitioners has submitted that it has been stated in paragraph no. 8 of the petition that the petitioner no. 1 is only driver of the seized Bolero vehicle and the petitioner no. 2 had taken lift on the said vehicle. It is

Patna High Court Cr.Misc. No.9513 of 2019(2) dt.19-02-2019 2/2 submitted that the illicit liquor recovered from the vehicle might be belonging to the owner of the vehicle and the petitioners do not have any concern with the same. It is further submitted that the petitioners have clean antecedent and they are languishing in custody since 02.01.2019. Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Excise, Gopalganj in connection with Thawe P.S. Case No. 01 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T