Patna High CourtCR. MISC./69445/2024bail granted

Gajendra Yadav v. The State Of Bihar

2024-11-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69445 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Gajendra Yadav S/o Agarjeet Yadav R/o vill - Simri (ward no. 2), P.s. - Bhaptiyahi, Distt. - Supaul ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72679 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Basant Kumar Paswan @ Basant Kumar @ Vasant Kumar Paswan S/oMohit Pasawan Village - Kalyanpur, Police Station - Bhaptiyahi, DistSupaul 2.

Aphroj @ Md. Afroj Son of Late Mohammad Niyam @ Late Niyam Village- Girdhari Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 69445 of 2024) For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi (In CRIMINAL MISCELLANEOUS No. 72679 of 2024) For the Petitioner/s :

Mr.Arun .

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-11-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Sessions Case Excise No. 667 of 2024 arising

Patna High Court CR. MISC. No.69445 of 2024(3) dt.29-11-2024 2/3 out of Bhapatiyahi Sarai P.S. Case No. 167 of 2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the allegation, 870 bottles containing 270 liters of illicit Nepali liquor were recovered from the boat of the petitioners.

4. The learned counsel for the petitioner has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing was recovered from their conscious possession. He has further submitted that they are the persons of clean antecedent and are under custody since 17.07.2024. He has also submitted that co-accused Upendra Mukhiya has been granted bail by this Court vide order dated 26.09.2024 in Cr. Misc. No. 67589 of 2024.

5. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.- 01, Civil Court, Supaul in connection with Sessions Case Excise No. 667 of 2024 arising out of Bhapatiyahi P.S. Case No. 167 of 2024, subject to the condition that the petitioners shall

Patna High Court CR. MISC. No.69445 of 2024(3) dt.29-11-2024 3/3 cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T