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Patna High CourtCR. MISC./24988/2021bail granted

Ram Kumar Yadav v. The State Of Bihar

2021-10-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24988 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== 1.

RAM KUMAR YADAV Son of Dhanvir Yadav Resident of Village - Kachan, Ward No.8, P.S.- Barasain, Distt.- Sapri (Nepal) 2.

DEVENDRA YADAV Son of Shiv Lal Yadav Resident of Village - Kachan, Ward No.8, P.S.- Barasain, Distt.- Sapri (Nepal) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 272, 273 and 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on checking of the persons who were coming from the Nepal side, it is stated that a total of 4410 litres of nepali liquor was recovered. The petitioners were amongst the accused.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from their

Patna High Court CR. MISC. No.24988 of 2021(3) dt.22-10-2021 2/2 possession. They have been falsely implicated due to oblique reasons. They have no criminal antecedent and are in custody since 12.2.2021. Charge sheet has been submitted in the case. Heard learned APP for the State.

As per the report received from the Superintendent of Police, Madhubani, the two petitioners have no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the Court directs the petitioners to be enlarged on bail in connection with Laukahi P.S. Case no. 34 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise Act, Madhubani. (Partha Sarthy, J) Prakash/- U