Ranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70998 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

Ranjan Yadav Son Of Late Bhangi Singh Yadav R/V- Saraiya, P.SDurgawati, Dist- Kaimur 2.

Pramod Kumar Yadav Son Of Ambika Yadav R/V- Kharatara, P.SDurgawati, Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 3899.160 of illicit liquor from a truck bearing registration No. UP23DT-4780. Petitioner No. 1 is the owner of motorcycle bearing registration No. MP-45MK-5199 and petitioner No. 2 is the owner of motorcycle bearing registration No. UP-67P-1830, which were parked near the place of

Patna High Court CR. MISC. No.70998 of 2022(2) dt.06-01-2023 2/3 seizure.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. They have no concern with the alleged recovery or with the laden aforesaid truck. It is further submitted that petitioner had parked their motorcycles near the Godown of Biscomaun which is situated adjacent to the rice mill and they were in due godown for taking fertilizer and the raiding party seized the Motorcycles merely on suspicion. Petitioner were not arrested at the spot. They are languishing in judicial custody since 2.11.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten

Patna High Court CR. MISC. No.70998 of 2022(2) dt.06-01-2023 3/3 thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. VII-cumSpecial Judge, Excise II, Kaimur, Bhabhua in connection with Durgawati P.S. Case No. 217 of 2022.

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