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Patna High CourtCR. MISC./17475/2019bail granted

Umesh Yadav v. The State Of Bihar

2019-03-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17475 of 2019 Arising Out of PS. Case No.-221 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== 1.

UMESH YADAV Son of Gulten Yadav Resident of Village- Koriyanit, P.S.- Laukhi, District- Madhubani.

2.

Manoj Mandal Son of Sumrit Mandal Resident of Village- Dangraha, P.S.- Laukhi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Laukahi P.S. Case No. 221/2018, instituted for offence under Section(s) 272, 273 and 34 of the Indian Penal Code read with Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

420 litres of Nepali liquor is alleged to have been recovered from a tempo. Petitioners were found sitting in the aforesaid tempo merely as passengers.

It is mentioned in para 3 of bail petition that two more cases of Excise Act is pending against petitioner no. 1. Petitioners are in custody since 07.12.2018.

Patna High Court CR. MISC. No.17475 of 2019(2) dt.26-03-2019 2/2 Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, 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 the learned 2nd A.D.J.- cum-Special Judge, Excise Act, Madhubani, in connection with Laukahi P.S. Case No. 221/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. The petitioners will file affidavit at the time of filing bail bond that they would not indulge in such type of activity in future. In the event, they are found indulged in such type of activity, their bail bond in the instant case will liable to be cancelled.

(Sanjay Priya, J) rakhi/- U T