Heera Lal Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42693 of 2017 Arising Out of PS. Case No.-119 Year-2017 Thana- DHANAHA District- West Champaran ====================================================== 1.
Heera Lal Yadav, Son of Paras Yadav, Resident of Daunaha (Kalaha), P.S.- Dhanaha, District- West Champaran. 2.
Sugreev Yadav, Son of Jugal Yadav, Resident of Village- Bhapsa, P.S.- Shanha, Dhanaha, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners apprehending their arrest in Dhanaha P.S. Case No. 119 of 2017 registered for the offence under section 30( A) of the Bihar Prohibition and Excise Act , 2016 have prayed for grant of bail in the event of their arrest or surrender.
It was submitted by learned counsel for the petitioners that on secret information a raid was conducted in the house of the petitioner no. 1 , however nothing was recovered but a vehicle which was standing outside the house was searched by the Police and brother of the petitioner no. 1 who was occupying the vehicle was arrested and from the said vehicle and one
Patna High Court Cr.Misc. No.42693 of 2017(2) dt.21-09-2017 2/2 another motorcycle recovery of huge quantity of country made liquor was shown and both the petitioners were made accused as if both fled away after noticing the Police . It was submitted by learned counsel for the petitioners that petitioners have falsely been implicated and both petitioners are having clean antecedent , which fact has been stated in paragraph - 3 of the petition.
In view of the facts and circumstances as well as clean antecedent of both petitioners, in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners Heera Lal Yadav and Sugreev Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran / concerned court in connection with Dhanaha P.S. Case No. 119 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure , 1973 .
(Rakesh Kumar, J) praful/- U T