Shankar Kumar Yadav, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26119 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== 1.

SHANKAR KUMAR YADAV, Son of Bhupendra Yadav @ Upendra Yadav Resident of Ward No. 08, Chand Pipra, P.S.- Kishanpur, District- Supoul. 2.

Ashok Kumar @ Ashok Kumar Yadav, Son of Ram Prakash Yadav, Resident of Ward No. 05, Murli, P.S.- Kishanpur, District- Supoul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mr.Sanjay Kumar Sharma Mr. Kashyap Kaushal For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Special Case No. 370 of 2019, arising out of Excise Case No. 07 of 2019 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the excise officials, is that a Scorpio vehicle was intercepted and 5 persons including the petitioners were apprehended. On search, from the Scorpio vehicle 180 litres of Indian

Patna High Court CR. MISC. No.26119 of 2019(2) dt.08-05-2019 2/3 made foreign liquor was recovered. Accordingly, a seizure memo was prepared.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and have been falsely implicated in the aforesaid case. He submits that the petitioners are languishing in judicial custody since 15.03.2019 and two of the coaccused on similar allegations have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 28899 of 2019 vide order dated 01.05.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and that petitioners do not bear any criminal antecedent, as stated in paragraph 3 of this application, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Araria, in connection with Special Case No. 370 of 2019, arising out of Excise Case No. 07 of 2019, subject to the condition that one of

Patna High Court CR. MISC. No.26119 of 2019(2) dt.08-05-2019 3/3 the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his relationship with the petitioners. (Nilu Agrawal, J) Rajesh/- U T