Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44075 of 2024 Arising Out of PS. Case No.-30 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Dinesh Yadav, Male, aged about 30 years, son of Bikram Yadav, 2.

Santosh Yadav @ Santosh Kumar, Male, aged about 22 years, son of Satan Yadav, Both resident of Village- Suryapur, Ranha, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Srinagar PS Case No.30 of 2024 dated 13.03.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 53.180 litres foreign liquor from the road side.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Only on the basis of the disclosure made by the local people of the area, the petitioners have been made accused in this case. Nothing has been recovered either from conscious

Patna High Court CR. MISC. No.44075 of 2024(2) dt.24-07-2024 2/2 possession or from the house of the petitioners. Lastly, it is submitted that the petitioners have clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Bettiah, West Champaran, in Srinagar PS Case No.30 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T