Badri Yadav @ Badri Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70677 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- KUNAULI District- Supaul ====================================================== 1.

BADRI YADAV @ BADRI KUMAR YADAV Son of Satrughan Yadav Resident of Village- Dagmara Piprahi Tola, Ward No.-4, P.S.- Kunauli, District- Supaul 2.

BHOLA KUMAR Son of Yogendra Yadav Resident of Village- Piprahi Tola, Ward No.-4, P.S.- Kunauli, District- Supaul 3.

SHYAM KUMAR RAM Son of Ramdev Prasad Ram @ Ramdev Ram Resident of Village- Kamalpur, Ward No.-9, P.S.- Kunauli, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioners and the learned APP for the State. The petitioners seek regular bail in connection with Kunauli (Dagmara O.P.) P.S. Case No.109 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. The allegation is regarding recovery of 180 litres of illicit Nepali countrymade liquor from two bicycles on which the petitioners were travelling.

Patna High Court CR. MISC. No.70677 of 2022(2) dt.09-02-2023 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having a clean antecedent and they are languishing in custody since 08.10.2022.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the period of incarceration of the petitioners herein, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.2-cum-Additional District Judge, Supaul in connection with Kunauli (Dagmara

Patna High Court CR. MISC. No.70677 of 2022(2) dt.09-02-2023 3/3 O.P.) P.S. Case No.109 of 2022.

(Mohit Kumar Shah, J) kanchan/- U T