Patna High CourtCR. MISC./68397/2022allowed

Sanjay Yadav v. The State Of Bihar

2023-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68397 of 2022 Arising Out of PS. Case No.-440 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.

Sanjay Yadav S/O Kameshwar Yadav R/O Village- Babhnauli, P.S- Koilwar, District- Bhojpur At Ara 2.

Jitendra Kumar S/O Sadan Nut R/O Village- Mahui Balaha, P.S- Koilwar, District- Bhojpur At Ara ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 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 280 litres of country made liquor from two motorcycles.

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 motorcycles in question. It is

Patna High Court CR. MISC. No.68397 of 2022(3) dt.12-01-2023 2/2 further submitted that petitioners are going to see their relative and in the way, seeing the police they were afraid and due to this petitioners were arrested. They are languishing in judicial custody since 16.06.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

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 thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 1st, Bhojpur, Ara in connection with Barhara P.S. Case No. 440 of 2022.

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