Indrajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13855 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

INDRAJIT YADAV Son of Rajdhan Yadav Resident of Village - Raghunathpur, P.S. - Raghunathpur, Distt.- Siwan. 2.

Satyajit Yadav @ Golu Son of Rajdhan Yadav Resident of Village - Raghunathpur, P.S. - Raghunathpur, Distt.- Siwan. 3.

Mannu Paswan Son of Channu Dusadh Resident of Village - Murarpatti, P.S. - Raghunathpur, Distt.- Siwan.

4.

Manna Gond Son of Munna Gond Resident of Village - Narhand, P.S. - Raghunathpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

15-07-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 2 namely Satyajit Yadav has been arrested and as such, this petition has become infructuous, so far as petitioner no. 2 is concerned.

Accordingly, in respect of petitioner no. 2 (Satyajit Yadav), this petition is dismissed as same has become infructuous.

Heard learned counsel for the parties through video conferencing.

Petitioners apprehend their arrest in a case registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Altogether 229 liters of country-made Mahua liquor

Patna High Court CR. MISC. No.13855 of 2022(2) dt.15-07-2022 2/2 has been recovered from a car near Mirjapur Harpur Chauraha and petitioners have been made accused on the disclosure made by apprehended co-accused.

It is submitted on behalf of petitioners that nothing has been recovered from the conscious possession of petitioners. Petitioners are neither owner nor driver of the said car and have nothing to do with the alleged recovery. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let petitioners i.e. petitioner no. 1, 3 and 4, as named above, in the event of their arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond 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 Raghunathpur P.S. Case No. 93 of 2021, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay/- U T