Seema Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50575 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Seema Yadav Wife of Murari Yadav Resident of Vill- Jalhupur, P.S.- Ramnagar, District- Varanasi (Uttar Pradesh). 2.

Ramdhari @ Ramdhari Yadav Son of Harikran Resident of Vill- Rajwadi Chaubeypur, P.S.- Chaubeypur, District- Varanasi (Uttar Pradesh) at present resident of Vill- Sarnath House No.- 1065, P.S.- Sarnath, District- Varanasi (Uttar Pradesh).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in connection with Shivsagar P.S. Case No. 118 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

Prosecution case in short is that there is recovery of 58.560 litres foreign liquor from the car and 752.760 litres foreign liquor from truck.

4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.50575 of 2024(2) dt.19-07-2024 2/3 petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. It is submitted by learned counsel for the petitioners that the petitioner No.1 is the owner of the truck while the petitioner No.2 is the owner of the car in question. It is submitted that neither petitioners were apprehended from the place of occurrence nor anything incriminating has been recovered from the physical possession of the petitioners. Petitioners bear no criminal antecedent. Other co-accused has been granted regular bail by this Court vide order dated 22-042024, passed in Cr. Misc. No. 19018 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shivsagar

Patna High Court CR. MISC. No.50575 of 2024(2) dt.19-07-2024 3/3 P.S. Case No. 118 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T