Satyendra Yadav @ Satendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44531 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- DHIBRA District- Aurangabad ====================================================== 1.

Satyendra Yadav @ Satendra Yadav Son Of Late Dukhan Yadav Resident Of Village - Nagabigha, P.S. - Aurangabad Town, Distt. - Aurangabad 2.

Amarjeet Kumar Son Of Budhan Yadav Resident Of Village - Gomdahi, P.S. - Mali, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Dhibra P.S. Case No. 48 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 93 liters of country made liquor from a car bearing Registration No. BR 02Y 6331. Petitioner No.1 is said to be the owner of the vehicle and petitioner No.2 was inside the vehicle.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.44531 of 2023(2) dt.28-07-2023 2/2 that they had no knowledge about the illicit liquor was kept in the aforesaid vehicle. It is also submitted that they have no concern with the recovered illicit liquor. Nothing has been recovered from their conscious possession. Seizure list has not been prepared as per the provision of 100 Cr.P.C. A statement has been made in para-3 of this petition that both the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 11.06.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Dhibra P.S. Case No. 48 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge of Excise, Aurangabad.

(Sunil Kumar Panwar, J) Shubham/- U T