Jhaman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52687 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Jhaman Yadav Son of Jamadar Yadav Resident of Village- Harkhauli, Paschim Tola, P.S.- Mirganj, District- Gopalganj. 2.

Manoj Yadav Son of Nath Yadav Resident of Village- Harkhauli, Paschim Tola, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-08-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Mirgunj P.S. Case No. 103 of 2019 for the offence under sections 272, 273 of the Indian Penal Code.

Learned counsel for the petitioners would submit that petitioners have no criminal antecedent.

In the instant case there is recovery of total 414 liters of country made wine.

Learned counsel for the petitioners submits that petitioners are in custody since 20.7.2019 Considering the fact that petitioners have no criminal

Patna High Court CR. MISC. No.52687 of 2019(2) dt.23-08-2019 2/2 antecedent, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd cum Special Judge, Excise, Gopalganj, in connection with Mirganj P.S. Case No. 103 of 2019 subject to the condition that petitioners shall deposit Rs. 50,000/ case before the Court below then the court below shall release the petitioners and the amount deposited by the petitioners shall abide by final outcome of pending criminal case i.e. if the petitioners acquit the amount shall be refunded otherwise the same shall be forfeited.

(Anil Kumar Upadhyay, J) Ravi/- U T