Patna High CourtCR. MISC./35392/2024bail granted

Banarsi Yadav v. The State Of Bihar

2024-05-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35392 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- SANJHOLI District- Rohtas ====================================================== 1.

Banarsi Yadav Son of America Yadav @ Amarik Yadav R/O VillageTaardih, P.S.- Rohtas, Distt.- Rohtas 2.

Dharmendra Ram Son of Uday Ram R/O Vill.- Dol, P.S.- Chiniya, Dist.- Garhwa, Jharkhand ... ... Petitioner/s

Versus

The State Of Bihar patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sanjhauli P.S Case No. 55 of 2024 dated 23.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 402 litres of illicit foreign liquor was recovered from the truck.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no

Patna High Court CR. MISC. No.35392 of 2024(2) dt.08-05-2024 2/2 concern with the alleged recovery. The petitioner no. 1 has one criminal antecedent in which he is on bail whereas the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are not the owner of the seized truck rather they are driver and khalasi of the seized truck. As per the impugned order, the petitioners are in custody since 23.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of their 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, Rohtas at Sasaram in connection with Sanjhauli P.S Case No. 55 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T