Sarbind Yadav @ Service Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67841 of 2023 Arising Out of PS. Case No.-126 Year-2023 Thana- ALOULI District- Khagaria ====================================================== 1.

Sarbind Yadav @ Service Yadav son of Babjan Yadav Village- Alauli PsAlauli Dist- Khagaria 2.

Jitendra Yadav @ Gandori yadav son of Dani Yadav Village- Alauli PsAlauli Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Alauli P.S. Case No. 126 of 2023 registered under section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 144 liters of country made liquor near the bank of the river. From the place of occurrence, two motorcycles have been recovered. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners were not apprehended on spot and also they have no concern with the

Patna High Court CR. MISC. No.67841 of 2023(2) dt.01-11-2023 2/2 seized liquor. The seized motorcycles do not belong to these petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 05.09.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Alauli P.S. Case No. 126 of 2023 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 Exclusive Special Excise Judge 1st, Khagaria.

(Sunil Kumar Panwar, J) Shubham/- U T