Ramesh Kumar @ Ramesh Yadav @ Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62143 of 2021 Arising Out of PS. Case No.-100 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

RAMESH KUMAR @ RAMESH YADAV @ RAMESH KUMAR YADAV S/o Rajo Yadav Resident of Village - Sapha, P.S. - Maheshkhunt, District - Khagaria.

2.

Sudhi Yadav S/o Sri Ramcharitar Prasad Yadav Resident of Village - Sapha, P.S. - Maheshkhunt, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

This Court would expect that the petitioners' counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioners seek bail in connection with Maheshkhunt P.S. Case No. 100 of 2021 registered under Section 30(a) of Bihar Prohibition and Excise Act.

On receiving information regarding illicit liquor business being carried out, the police have reached the petitioner's house from where it is stated that there is recovery of 15 litres country-

Patna High Court CR. MISC. No.62143 of 2021(2) dt.30-05-2022 2/3 made liquor and some utensils, appliances used for manufacturing of liquor.

The learned counsel for the petitioners submits that it is a case of false implication. The petitioners have been in custody since 01.07.2021. Petitioner no. 1 is accused in another case as Khagaria P.S. Case No. 106 of 2019 in which he is on bail and petitioner no. 2 has no criminal antecedents. Learned APP has opposed the prayer for bail.

Considering the period of custody and submissions advanced by petitioners' counsel, this Court is inclined to allow the prayer for bail.

Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Khagaria in Maheshkhunt P.S. Case No. 100 of 2021, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on

Patna High Court CR. MISC. No.62143 of 2021(2) dt.30-05-2022 3/3 each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T