Baleshwar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17561 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -RAJAULI District- NAWADA ======================================================

1. Baleshwar Yadav, Son of Late Kailu Yadav,

2. Chhotu Yadav @ Chhotu Kumar, Son of Sri Uday Yadav, Resident of Village- Nagarwatari, P.S. - Rajauli, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are languishing in custody for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Two other co-accused were arrested along with liquor. On their disclosure further seizure of liquor was made from the field side. Those accused stated before the police that subsequently seized liquor was of the petitioners. Submission of the petitioners is that petitioners have stated on oath that they were neither apprehended at the place of seizure nor the place of seizure belongs to petitioners rather due to previous dispute as stated in para-6 of the bail petition the false

Patna High Court Cr.Misc. No.17561 of 2017 (2) dt.26-04-2017 2/2 implication is there by the informant.

Considering the facts that apparently there is no accusation of possession of liquor by the petitioners, hence bar under Section 76 of the Bihar Prohibition and Excise Act is not attracted, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) eahc with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/Successor Court, in connection with Rajauli P.S. Case No.18 of 2017, with condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T