Dipendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18598 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Dipendra Kumar Yadav, Gender - Male, aged about 26 years, S/o Jagdish Prasad Yadav 2.

Sibnandan Yadav, Gender - Male, aged about 26 years, S/o Bhola Yadav 3.

Bishnu Lal Yadav, Gender - Male, aged about 26 years, S/o Duhkhi Lal Yadav, all R/o village- Kamalpur, P.S.- Bariniya, District- Saptari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the State :

Mr.Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-05-2020 This case has been posted before me for hearing through video-conferencing, under the orders of Hon'ble the Chief Justice, in view of Nation passing through lockdown as an aftermath of the outbreak of COVID-19 pandemic. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in connection with Laukhi P.S. Case No.12 of 2020/G.R. No.102 of 2020 registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that there

Patna High Court CR. MISC. No.18598 of 2020(2) dt.14-05-2020 2/3 is no recovery from the conscious possession of the petitioners rather 567 litres of Mamashree Nepali liquor was recovdered at the place of occurrence and a mobile has been recovered from the pocket of petitioner no.1, Dipendra Kumar Yadv. Learned counsel for the petitioners further submits that the petitioners have no criminal antecedent. Learned counsel for the petitioners further submits that the petitioners are innocent and have falsely been implicated in the present case due to enmity and village politics. Learned counsel for the petitioners further submits that the petitioners are in jail custody since 20.01.2020. Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs.5,000/- (Rupees Five Thousand) each in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) each only with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd cum Special Judge, Excise Act, Madhubani in connection with Laukahi P.S.

Patna High Court CR. MISC. No.18598 of 2020(2) dt.14-05-2020 3/3 Case No.12 of 2020/G.R. No.102 of 2020.

The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000/- (Rupees Five Thousand) each in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T