Saroj Kumar Yadav @ Barak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16749 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Saroj Kumar Yadav @ Barak Yadav S/O Bajrangi Singh R/O VillageBhagwatipur, P.S- Udawantnagar, Distt.- Bhojpur. 2.
Vimlesh Kumar Yadav @ Bhadak Yadav S/O Kameshwar Yadav R/O Village- Bhagwatipur, P.S- Udawantnagar, Distt.- Bhojpur. 3.
Sonu Kumar Yadav S/O Nand Kishor Singh R/O Village- Bhagwatipur, P.SUdawantnagar, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Udwantnagar P.S Case No. 533 of 2023 registered for the offences punishable under Sections 30(A) of Bihar Prohibition and Excise Act, 2018.
3. As per prosecution case, total 104 litre illicit liquor was recovered.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case.
Patna High Court CR. MISC. No.16749 of 2024(2) dt.11-03-2024 2/3 It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioners. In similarly situated condition one of the coaccused have been granted bail by this Court vide order dated 05.03.2024 passed in Cr. Misc. No. 15010 of 2024. It is also submitted that petitioners are in judicial custody since 31.12.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. On perusal of the FIR, impugned order, claim based on parity and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court II Bhojpur, at Ara in connection with Udwantnagar P.S Case No. 533 of 2023.
7. The trial court is directed to conclude the
Patna High Court CR. MISC. No.16749 of 2024(2) dt.11-03-2024 3/3 proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioners shall be released on bail on the above conditions and they shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T