Rajesh Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40345 of 2018 Arising Out of PS.Case No. -449 Year- 2017 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Rajesh Kumar Yadav, S/o Bishesher Yadav, resident of Village - Dorwar, P.S. - Jaynagar, District - Madhubani.

2. Praveen Kumar Sah @ Master, S/o Amirilal Sah, Resident of Baldihra, P.S. - Jaynagar, District - Madhubani.

3. Rupesh Kumar, S/o Sunil Sah, Resident of Village - Balua Road, P.S. - Jaynagar, District - Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-07-2018 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Jaynagar P.S. Case No. 449 of 2017 for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners were not named in the F.I.R. In the F.I.R. one Vikash Kumar Singh was named. Learned counsel submits that in the instant case total 10.5 litres liquor was sized. Learned counsel further submits that nothing was recovered from the conscious possession of the petitioners. He further submits that the motorcycle from where the alleged liquor was recovered does not

Patna High Court Cr.Misc. No.40345 of 2018 (2) dt.10-07-2018 2/2 belong to these petitioners. The petitioners are in custody since 05.05.2018.

Considering the fact that the petitioners are in custody since 05.05.2018, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II- Cum-Special Judge (Excise), Madhubani in connection with Jaynagar P.S. Case No. 449 of 2017. (Anil Kumar Upadhyay, J) Uday/- U