Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35270 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Hari Yadav 2.

Rajo Yadav, Both Sons of Late Anandi Yadav, Resident of Village- Sultanpur, P.S.- Kusheshwar Asthan, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-05-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Kusheshwar Asthan P.S. Case No. 59 of 2019 for the offence under Sections 30(a), 38(1), 41(1) and 47 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioners have got no criminal antecedent and they are in custody since 19.03.2019. He further submits that in the instant case total 2664.15 litres of liquor was seized. He submits that the petitioners are the villagers and they have no concern with the seized liquor and the vehicle in question. He further submits that the petitioners have arranged the money amounting to

Patna High Court CR. MISC. No.35270 of 2019(2) dt.29-05-2019 2/2 Rs.1,31,600/- for purchase of buffalo in Uchti Haat and only on suspicion that they are the buyer of the liquor, the petitioners have been made accused in the instant case.

Considering the fact that the petitioners have got no criminal antecedent and nothing was recovered from the conscious possession of the petitioners, the petitioners, named above, are directed to 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 Additional Sessions Judge-V-cum- Special Judge, Excise Act, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 59 of 2019. (Anil Kumar Upadhyay, J) uday/- U T