Sachin Yadav @ Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50696 of 2023 Arising Out of PS. Case No.-177 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Sachin Yadav @ Sachin Kumar, Son Of Mithilesh Yadav Resident Of Village- Paika Charai, Ps- K. Asthan (OP Tilkeshwar), Distt- Darbhanga 2.

Rabindra Yadav @ Rabindra Kumar, Son Of Mithilesh Yadav Resident Of Village- Paika Charai, Ps- K. Asthan (OP Tilkeshwar), Distt- Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act and Sections 272, 273, 34 of the I.P.C.

3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case and the allegation is of recovery of 1080 litres of liquor from a pick-up van and a motorcycle.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.50696 of 2023(2) dt.07-08-2023 2/2 recovered from their conscious possession and he came to be implicated at the instance of independent witnesses, but then, the name of the witness is not disclosed in the F.I.R., who disclosed the name of the petitioners. Petitioners are not even owner of the seized vehicle.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judgecum-Special Judge, Excise Act, Darbhanga in connection with G.O. Case No.643/ 2020/ K. Asthan P. S. Case No.177 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T