Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18384 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== 1.

Dharmendra Yadav, aged about 32 years, Male, Son of Budhai Yadav @ Budhai Chaudhary 2.

Munna Yadav, aged about 31 years, Male, Son of Sudama Yadav. Both are resident of village Saveya Field (Kukurbhukka), P.S. Mirganj, DistrictGopalganj. 3.

Chandrika Yadav, aged about 50 years, Male, Son of Late Aklu Yadav, Resident of Village - Jammuan, P.S.- Bisunpura, Dist.- Kushinagar (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer, Advocate For the State :

Mr.Dilip Kumar No.1, 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 Excise Case No.60 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioners submits that there

Patna High Court CR. MISC. No.18384 of 2020(2) dt.14-05-2020 2/3 is no recovery from the conscious possession of the petitioners rather 160.560 litres illegal wine have been recovered from the Bolero of the petitioners. 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 been falsely implicated in this case merely on suspicion. Learned counsel for the petitioners further submits that the petitioners are in jail custody since 20.02.2020.

Learned A.P.P. for the State opposed the bail petition. Petitioners are agreed to deposit a sum of Rs.4,000/- (Rupees Four 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-II-Cum-Special Judge, Excise, Gopalganj in connection with Excise Case No.60 of 2020.

Patna High Court CR. MISC. No.18384 of 2020(2) dt.14-05-2020 3/3 The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.4,000/- (Rupees Four Thousand) each in the PM Cares fund. (Anjani Kumar Sharan, J) Nasimul/- U T