Surendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2386 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== 1.

SURENDRA KUMAR YADAV SON OF MAHENDRA YADAV RESIDENT OF VILLAGE - LADANIYA, P.S.- LADANIYA DISTRICT.- MADHUBANI.

2.

MITHILESH KUMAR YADAV @ MITHILESH YADAV SON OF NARAYAN YADAV RESIDENT OF VILLAGE - LADANIYA, P.S.- LADANIYA DISTRICT.- MADHUBANI.

3.

SAROJ YADAV SON OF JAMUN YADAV RESIDENT OF VILLAGE - LADANIYA, P.S.- LADANIYA DISTRICT.- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in connection with Laukaha (Lalmaniya O.P.) P.S. Case No.290 of 2020, corresponding to G.R. No.1308 of 2020 registered for the offence punishable under Sections 272, 273/34 of the IPC and section 30(a) of the

Patna High Court CR. MISC. No.2386 of 2021(2) dt.12-03-2021 2/3 Bihar Prohibition and Excise Act, 2016.

81 liters of nepali liquor is said to have been recovered from the roadside.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern either with the seized liquor or the place of recovery or any trade of liquor. They have been falsely implicated by the police in this case due to suspicion. Petitioners have no criminal antecedent as has been mentioned in para-3 of the present petition and have been languishing in custody since 08.10.2020. Petitioners have agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) each in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

Having regard to the facts and circumstances of case, let the above named petitioners, be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Laukaha (Lalmaniya O.P.) P.S. Case No.290 of 2020, corresponding to G.R. No.1308

Patna High Court CR. MISC. No.2386 of 2021(2) dt.12-03-2021 3/3 of 2020.

The bail bonds of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.5,000.00 (Rupees Five Thousand) each in the PM Cares fund.

(Anjani Kumar Sharan, J) pallavi/- U T