Binod Kumar @ Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62489 of 2021 Arising Out of PS. Case No.-418 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== 1.

Binod Kumar @ Binod Yadav Son of Late Sitaram Prasad Yadav Resident of Village- Karai, P.S.- Naubatpur, District- Patna. 2.

Minku Kumar @ Pinku Kumar Son of Late Sitaram Prasad Yadav Resident of Village- Karai, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual court proceedings. The petitioners seek bail in connection with Naubatpur P.S. Case No. 418 of 2021 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 giving rise to Special Case No. 5142 of 2021. Learned counsel for the petitioners submits that the petitioners are in custody since 22.08.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that allegation is of total recovery of 180 litres of liquor from and at

Patna High Court CR. MISC. No.62489 of 2021(2) dt.28-01-2022 2/2 the instance of the petitioners.

Learned counsel for the petitioners submits that though the total recovery is of 180 litres of liquor but from the petitioner, only 20 litres liquor has been recovered. It is further submitted that the petitioners have been falsely implicated in the present case as the recovery was already made and the petitioners being passer-by, came to be implicated in the present case.

Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 22.08.2021, charge-sheet has been submitted in the case and the petitioners are persons with clean antecedent, let the petitioners above named be released on bail on furnishing bail bond of Rs. 2,000/- (Rupees Two Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Naubatpur P.S. Case No. 418 of 2021, Special Case No. 5142 of 2021. (Satyavrat Verma, J) Rishi/- U T