Mausam Kumar @ Mausham Kumar Yadav @ Mausham Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35266 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- DARPA District- East Champaran ====================================================== 1.

Mausam Kumar @ Mausham Kumar Yadav @ Mausham Yadav Son of Late Seheb Yadav @ Late Shahab Prasad Yadav Resident of Village- Kauniya @ Kanuniya Police Station- Adapur, Dist.- East Champaran at Motihari 2.

Sandip Ram @ Sandeep Ram Son of Virendra Ram @ Birendra Ram Resident of Village- Katgenwa, Police Staton- Adapur, Dist.- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar , Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Darpa P.S. Case No. 43 of 2024 dated 21.03.2024 registered for the offences punishable u/ss 272, 273 read with Section 34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 382 litres of illicit Nepali liquor was recovered from the Tata magic vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.35266 of 2024(2) dt.08-05-2024 2/2 implicated in this case. The petitioners are not the owner of the said vehicle. The petitioners are only the driver and the codriver of the said vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged 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 learned Court concerned, Motihari, East Champaran in connection with Darpa P.S. Case No. 43 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-G U T