Patna High CourtCR. MISC./54897/2018allowed

Bhikhari Yadav And ANR v. The State Of Bihar

2018-09-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54897 of 2018 Arising Out of PS. Case No.-41 Year-2018 Thana- AAYAR District- Bhojpur ======================================================

1. Bhikhari Yadav, S/o Late Ramnath Yadav,

2. Manjee Singh @ Nandjee Singh @ Mandjee Singh S/o Late Ram Narayan Yadav @ Ram Narayan Singh, Both R/o Vill.- Chairapur, P.S.- Ayer, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody since 11.7.2018 in connection with Excise Case No. 1106 of 2018 (arising out of Ayer P.S. Case No. 41 of 2018) registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. Petitioners were arrested with 78 liters of Mahuwa liquor and manufacturing equipment. Learned counsel for the petitioners submits that nothing was recovered from the conscious possession of the petitioners, rather it was recovered from the bank of Banas river.

Patna High Court Cr.Misc. No.54897 of 2018(2) dt.28-09-2018 2/2 Considering the fact that petitioners have no criminal antecedent and remained in custody in this case for more than 2 1⁄2 months, let the petitioners named above to be released on bail after 21.10.2018 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Bhojpur, Ara in connection with Excise case No.1106 of 2018 (arising out of Ayer P.S. case No. 41 of 2018) (Anil Kumar Upadhyay, J) T.Kr./- U T