Pappu Kumar Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12989 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

PAPPU KUMAR YADAV S/o Chhathu Lal Yadav, resident of villageSingarpatti, P.S-Hussainganj, District Siwan 2.

Rajan Kumar @ Ranjan Kumar S/o Prayag Yadav, resident of villageSingarpatti, P.S-Hussainganj, District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 02.01.2019 in connection with Hussainganj P.S. Case No. 01 of 2019 for offences punishable under Sections 413, 414, 420, 34 of the Indian Penal Code and Sections 30(a), 36, 41(1) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that in a special checking the police personnel seized number of consignments of illicit liquor and the petitioners along with one another were apprehended

Patna High Court CR. MISC. No.12989 of 2019(2) dt.06-03-2019 2/3 carrying 43.200 litres of Indian made foreign liquor in a motorcycle without registration number. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioners and the co-accused apprehended along with the petitioners has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 9399 of 2019 vide order dated 18.02.2019. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II cum Special Judge (Excise), Siwan, in connection with Hussainganj P.S. Case No. 01 of 2019, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property,

Patna High Court CR. MISC. No.12989 of 2019(2) dt.06-03-2019 3/3 who will file an affidavit stating his relationship with the petitioners.

(Nilu Agrawal, J) Rajesh/- U T