Patna High CourtCR. MISC./33816/2021bail granted

Indal Yadav v. The State Of Bihar

2022-02-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33816 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== INDAL YADAV Son of Somari Yadav Resident of Village- Bhathwan (Permanent address Village- Mahediya), P.S.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51341 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- JADOPUR District- Gopalganj ====================================================== CHANSI YADAV @ CHANSHI YADAV @ CHANASI YADAV S/o Somari Yadav R/o village- Bhathwan (Permanent address Village- Mahediya), P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 33816 of 2021) For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr. Shaheen Begum (In CRIMINAL MISCELLANEOUS No. 51341 of 2021) For the Petitioner/s :

Mr. Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Since both the aforesaid bail applications arise out of same PS Case, they are being decided together by a common order.

Petitioners seek regular bail in connection with

Patna High Court CR. MISC. No.33816 of 2021(3) dt.23-02-2022 2/3 Jadopur @ Yadopur @ Yadavpur PS Case No. 09/2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act 2018.

Allegedly, 3.96 litres of illicit liquor was recovered from co-accused persons, namely, Mithun Kumar and Raj Kishore Mahto who disclosed that the liquor was purchased by them from the petitioners.

Learned counsel for the petitioners submits that both the petitioners are full brothers and they have not committed any offence in the manner alleged and they have falsely been implicated in this case on the basis of statement made by the coaccused persons from whose possession liquor was recovered. Learned counsel further submits that no illicit liquor has been recovered from the conscious possession of the petitioners and they are in custody since 26.02.2021 and 11.07.2021 respectively.

Learned counsel next submits that the charge-sheet in the matter has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidences, if they are granted bail.

Having regards to the submissions made by the parties and taking into consideration the material on record and the

Patna High Court CR. MISC. No.33816 of 2021(3) dt.23-02-2022 3/3 quantity of illicit liquor recovered and the fact that the petitioners are in custody since 26.02.2021 and 11.07.2021 respectively, the charge-sheet in the matter has already been submitted and there is no likelihood that the petitioners will abscond or tamper with the evidences, if they are granted bail, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, (Excise), Gopalganj, in connection with Jadopur @ Yadopur @ Yadavpur PS Case No. 09/2020.

(Anil Kumar Sinha, J) perwez U T