Patna High CourtCR. MISC./61374/2023bail granted

Raju Kumar Yadav v. The State Of Bihar

2023-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61374 of 2023 Arising Out of PS. Case No.-436 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Madhubani ====================================================== 1.

RAJU KUMAR YADAV S/O RAMVRIKSHA YADAV R/O VILLAGEANNI, P.S- LAUKAHI, DISTT.- MADHUBANI. 2.

DEV NANDAN KUMAR YADAV S/O RAJ KUMAR YADAV R/O VILLAGE- MAHDEVA, P.S- LAUKAHI, DISTT.- MADHUBANI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Excise P.S. Case No. 436 of 2023 dated 14.5.2023 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 288 litres of illicit Nepali liquor is alleged to have recovered from a car. The petitioners were apprehended from the spot.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.61374 of 2023(2) dt.12-09-2023 2/2 conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 14.5.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Excise P.S. Case No. 436 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T