Shyam Bihari Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70606 of 2021 Arising Out of PS. Case No.-219 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

SHYAM BIHARI GOND S/o Shivjee Gond R/o Village Kateyan, P.S. Bihiya, District Arra (Bhojpur).

2.

Brij Yadav S/o Late Parmanand Yadav R/o Village Kateyan, P.S. Bihiya, District Arra (Bhojpur).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 311.51 litres of liquor was recovered from the vehicle of which the petitioners were driver and the cleaner.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. No incriminating article has been recovered from their possession or from the vehicle. They are in custody since 1.10.2021 and have no criminal antecedent. Chargesheet has

Patna High Court CR. MISC. No.70606 of 2021(2) dt.06-06-2022 2/2 been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having any criminal antecedent and having remained in custody for 8 months, the Court directs the petitioners to be enlarged on bail in connection with Durgawati P.S. Case no. 219 of 2021 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 Additional Session Judge 2nd -cum-Special Judge, Kaimur at Bhabua.

(Partha Sarthy, J) Bibhash/- U