Awadhesh Yadav @ Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40635 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

AWADHESH YADAV @ AWADHESH KUMAR Son of Devendra Yadav Resident of Village - Isari, Police Station - Muffasil, District - Nawada. 2.

SUGIYA DEVI Wife of Kapil Yadav Resident of Village - Isari, Police Station - Muffasil, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Muffasil PS case no. 110 of 2021 instituted for the offences punishable under Sections 30(a) (d), 41, 52 of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 05 liters of illicit countrymade mahua liquor and other articles from near a cabin situated in an open field.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, are having clean antecedent and are languishing in custody since 23.04.2021. The learned counsel for the petitioners has further submitted that neither the petitioners were

Patna High Court CR. MISC. No.40635 of 2021(2) dt.03-01-2022 2/2 arrested from the spot nor any illicit liquor has been recovered from the conscious possession of the petitioners and moreover, the field in question from where the illicit liquor has been recovered, does not belong to the petitioners.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the field in question from where the illicit liquor has been recovered, does not belong to the petitioners and moreover, no liquor has been recovered from the conscious possession of the petitioners, I deem it fit and proper to admit the petitioners to the privilege of bail. Accordingly, the abovenamed petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of Additional District & Sessions Judge 2nd-cum-Special Judge, Nawada in connection with Muffasil PS case no. 110 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T