Dharam Yadav @ Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65271 of 2023 Arising Out of PS. Case No.-160 Year-2023 Thana- LADANIA District- Madhubani ====================================================== 1.
Dharam Yadav @ Dharmendra Yadav, aged about 32 years, Male, S/O Late Satya Narayan Yadav, R/O Village- Yogeiya, P.S. Ladaniya, Dist. Madhubani.
2.
Vidya Yadav @ Vidyanand Yadav, aged about 25 years, Male, S/O Mahesh Yadav, R/O Village- Yogeiya, P.S. Ladaniya, Dist. Madhubani. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners are apprehending their arrest in connection with Ladaniya P.S. Case No. 160 of 2023, corresponding to G.R. No. 956 of 2023 dated 18.06.2023 registered for the offences punishable under Sections 272,
Patna High Court CR. MISC. No.65271 of 2023(2) dt.06-11-2023 2/3 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
4. As per the prosecution case, total 232.920 litres of liquor was recovered from the Indigo four-wheeler vehicle.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. No case is made out against the petitioner. It is submitted that the petitioners are working as labour and maintain their family by doing labour work in the locality. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Ladaniya P.S. Case No. 160/2023 corresponding to G.R. No. 956 of 2023, subject to the
Patna High Court CR. MISC. No.65271 of 2023(2) dt.06-11-2023 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T