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Patna High CourtCR. MISC./23676/2020allowed

Rajdeep Yadav v. The State Of Bihar

2020-09-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23676 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

RAJDEEP YADAV.

2.

Chandan Yadav both Son of Baldeo Yadav Resident of Village - Nishiharpur Ward No. 04, P.S. - Shankarpur, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-09-2020 This case has been heard through video conferencing. Petitioners are permitted to remove the defects as pointed out by the office within three weeks of normal functioning of the Court, failing which this case be placed before appropriate Bench.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 272, 273 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 is no recovery from the conscious possession of the petitioners

Patna High Court CR. MISC. No.23676 of 2020(2) dt.16-09-2020 2/3 rather 232.2 liters of foreign liquor is said to have been recovered from the house of the petitioner no. 1. He submits that the petitioner no. 2 the brother of the petitioner no. 1. He submits that one of the brother of the petitioner no. 1 has already been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 72886 of 2019 on 25.11.2019. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application and they are languishing in judicial custody since 17.12.2019.

Petitioners are agreed to deposit a sum of Rs.25,000.00 (Rupees Twenty Five Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional District Judge-cum-Special Judge, Excise Act, Madhepura in connection with Excise Case No. 913 of 2019 (s) Arising out of Shankarpur Police Station Case No. 121 of 2019. The bail bond of the petitioners shall be accepted by

Patna High Court CR. MISC. No.23676 of 2020(2) dt.16-09-2020 3/3 the learned Court below on showing receipt of deposit of Rs.25,000.00 (Rupees Twenty Five Thousand) in the Chief Minister Relief fund.

(Anjani Kumar Sharan, J) devendra/- U T