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Patna High CourtCR. MISC./34714/2020bail granted

Ram Pravesh Yadav v. The State Of Bihar

2021-01-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34714 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== 1.

Ram Pravesh Yadav Son of Siya Ram Yadav Resident of Village-Jahajkitta, P.S. Basaitara, District-Godda (Jharkhand).

2.

Rama Yadav Son of Late Badri Resident of Village-Jahajkitta, P.S. Basaitara, District-Godda (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

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

The petitioners seek bail in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 75.78 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.34714 of 2020(2) dt.19-01-2021 2/2 petitioners. The petitioners are in custody since 08-08-2020. Charge sheet/Prosecution report in this case has already been submitted. It is alleged that 75.78 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Bhagalpur in connection with Lodipur P.S. Case No. 147 of 2020.

(Sudhir Singh, J) A.K.V.//- U T