Pulkit Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27202 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================

1. Pulkit Yadav, son of Late Chhathu Yadav,

2. Biran Yadav @ Biro Yadav, son of Late Chhathu Yadav, Both resident of Village- Navtoliya Bhimri, P.S.- Pasraha, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Bhushan For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners are an accused in connection with Pasraha P.S. Case No. 43 of 2017 for the offence under section 34 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

From the FIR, it appears that both the petitioners were caught by the police and 16 bottles of romeo whisky and 24 bottles of pressige whisky was recovered from the hutment of the petitioners.

Submission on behalf of the petitioners is that the alleged whisky was recovered from the abandoned hutment and

Patna High Court Cr.Misc. No.27202 of 2017 (2) dt.01-07-2017 2/2 not from the conscious possession of the petitioners. The petitioners disown the ownership of the seized liquor. The petitioners are in custody since 6.4.2017. In paragraph -3 there is statement on affidavit that petitioners have no criminal antecedent.

Having regard to the facts and circumstances stated above, let the petitioners, named above, be released 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 ADJIII, Khagaria, in connection with Pasraha P.S. Case No. 43 of 2017, arising out of G.R. No. 1022/17 on the condition that the petitioners will extend full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T