Patna High CourtCR. MISC./39175/2024bail granted

Nitesh Kumar Yadav v. The State Of Bihar

2024-09-06Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39175 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1.

NITESH KUMAR YADAV SON OF ANIL YADAV RESIDENT OF VILLAGE - ARAAR, P.S. - SANOKHAR, DISTRICT - BHAGALPUR 2.

UMESH KUMAR YADAV SON OF VAKIL YADAV RESIDENT OF VILLAGE - RAMJANIPUR, P.S. - KAHALGOWN, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioners are persons with clean antecedent and allegation is of recovery of 1780 liters of liquor from two trucks out of which 1166.400 liters of liquor was recovered from the truck which the petitioners were driving.

4. It is further submitted that petitioners, being driver and Khalashi, respectively were apprehended from the spot and

Patna High Court CR. MISC. No.39175 of 2024(4) dt.06-09-2024 2/2 are in custody since 17.04.2024. It is further submitted that petitioners were completely unaware that as to what was loaded in the truck by the consigner.

4. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, be released on bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kesaria P.S. Case No. 119 of 2024.

6. Accordingly, the instant regular bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T