Sanpat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36305 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== 1.

Sanpat Yadav @ Sampat Yadav Son of Pundeo Yadav Resident of Village - Senger Tola, P.S.- Revilganj, District - Saran at Chapra. 2.

Munna Rai Son of Dhayani Rai Resident of Village - Senger Tola, P.S.- Revilganj, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners is permitted to make necessary correction in the name of the petitioner during course of the day.

3. Office is directed to incorporate the alias name of the petitioner in the cause title.

4. The petitioners seek bail in Revilganj P.S. Case No. 83 of 2024, instituted for the offences punishable under Section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

5. The prosecution case, in short, is that, 450 liters

Patna High Court CR. MISC. No.36305 of 2024(2) dt.13-05-2024 2/3 liquor was recovered from the bhatti of petitioners. The petitioners were apprehended on spot.

6. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners are in custody since 24.03.2024. Petitioner No. 1 has got no criminal antecedent and Petitioner No. 2 has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

7. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

8. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

9. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Revilganj P.S. Case No. 83 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.36305 of 2024(2) dt.13-05-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T