Khuti Yadav @Khunti Yadav Andanr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24637 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -SURYAPURA District- SASARAM (ROHTAS) ======================================================
1. KHUTI YADAV @KHUNTI YADAV son of Jawahir Yadav @ Pulice Yadav
2. Jawahir Yadav @ Jawahar Yadav @ Pulice Yadav son of Late Motilal Yadav Both residents of Village : Imirtia, P.S. Suryapura, District : Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are in custody since 29.03.2017 in connection with Suryapura P.S. Case No. 32 of 2017, registered for offences punishable under Sections 272 and 273 Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Excise Act, 2016.
Allegation against the petitioners is of recovery of 6.14 litres of foreign liquor.
It has been submitted on behalf of the petitioners that petitioners' names have surfaced in this case only on the basis of suspicion. Petitioners have neither been arrested on the spot nor
Patna High Court Cr.Misc. No.24637 of 2017 (2) dt.29-05-2017 2/2 any recovery has been made from their conscious possession. Further petitioners have no criminal antecedents and have been in judicial custody since 29.03.2017.
Having heard both sides, considering the facts and circumstances of the case, quantity of liquor recovered and also that petitioners have no criminal antecedents and have remained in judicial custody for two months, as such, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, District - Rohtas, Suryapura P.S. Case No. 32 of 2017.
(S. Kumar, J) sunil/- U T