Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10085 of 2021 Arising Out of PS. Case No.-181 Year-2020 Thana- SIGAUDI District- Patna ====================================================== 1.

Nandu Yadav Son of Vinay Yadav Resident of Pandit Tola Chandhos, P.S.- Sigori, District- Patna.

2.

Vinay Yadav Son of Ghoghan Yadav Resident of Pandit Tola Chandhos, P.S.- Sigori, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Pd., A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Special Case No.6160 of 2020 arising out of Sigaudi P.S. Case No. 181 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., on a raid being conducted in the house of the petitioners, it is stated that 300 litres of Mahua liquor was recovered.

It is submitted by learned counsel for the petitioners that the petitioner no.2 happens to be the father of petitioner no.1. No incriminating article has been recovered from their

Patna High Court CR. MISC. No.10085 of 2021(2) dt.10-06-2021 2/2 person or possession. They have been falsely implicated in the case. The alleged place of recovery cannot be stated to be under the exclusive lock and key of the petitioners. The petitioners are in custody since 14.10.2020 and have no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioners having remained in custody for nearly 8 months together with their not having any criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Special Case No.6160 of 2020 (arising out of Sigaudi P. S. Case No. 181 of 2020) on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna.

(Partha Sarthy, J) Bibhash U T