Raju Yadav @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27660 of 2022 Arising Out of PS. Case No.-174 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== 1.

Raju Yadav @ Raju Kumar Son Of Biddi Yadav @ Vidyanand Yadav Resident Of Village - Sudhani, P.S.- Wazirganj, Distt.- Gaya. 2.

Sudhir Yadav @ Sudhir Kumar Son Of Chhotelal Yadav Resident Of Village - Sudhani, P.S.- Wazirganj, Distt.- Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 47(a) and (c) of the Excise Act, 2016.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 1000 kg. of jawa mahua, which were destroyed from a place near bank of a river at village- Sudhani. The learned counsel for the petitioners submits that the petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession. It is next alleged

Patna High Court CR. MISC. No.27660 of 2022(2) dt.11-08-2022 2/2 that the alleged recovery and destruction was made at a place which is accessible to public at large and the name of the petitioners were disclosed by local people, but the F.I.R. does not disclose the name of the person, who disclosed the name of the petitioners, who are persons with clean antecedent. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Excise Case No.174 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T