Ujagar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19199 of 2023 Arising Out of PS. Case No.-609 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== 1.

Ujagar Yadav S/O Late Kishun Yadav Resident Of Village-Bhelwara, Matkhoraha Tola, Police Station-Bakhtiyarpur (Kanariya O.P.), DistrictSaharsa 2.

Bhajju Yadav @ Saryug Yadav S/O Late Bhutay Yadav Resident Of VillageBhelwara, Matkhoraha Tola, Police Station-Bakhtiyarpur (Kanariya O.P.), District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a), 41(1)of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 104.715 litres of illicit liquor near Koshi Bansh. Petitioner were alleged to be apprehended on spot.

Patna High Court CR. MISC. No.19199 of 2023(2) dt.18-05-2023 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery or with the place of occurrence. The petitioners are laborers and they have no knowledge about the existence of liquor. Nothing has been recovered from their conscious possession. They are languishing in judicial custody since 22.11.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District

Patna High Court CR. MISC. No.19199 of 2023(2) dt.18-05-2023 3/3 Judge III-cum-Exclusive Special Judge (Excise), Saharsa in connection with Bakhtiyarpur (Balwahat O.P.) P.S. Case No. 609 of 2022.

(Sunil Kumar Panwar, J) Nirajkrs/- U T