Debashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74214 of 2023 Arising Out of PS. Case No.-560 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== 1.

DEBASHISH YADAV son of Sanjay Yadav @ Sanjay Kumar villagePararia Ps- Madhepura Dist- Madhepura 2.

Rahul Yadav son ofRanjeet Yadav village- Pararia Ps- Madhepura DistMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2023 1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

Petitioners apprehend arrest in connection with Madhepura Excise P.S. Case No. 560 of 2023 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the instant case. Further submission is that the alleged recovery has been made from the house of one Budhan Sah and nothing has been recovered from the conscious possession of the petitioners. It is also submitted that the petitioners have

Patna High Court CR. MISC. No.74214 of 2023(2) dt.28-11-2023 2/2 no concern with the alleged recovery and their name transpires from the statement of Budhan Sah. It is also submitted that the petitioners have no criminal antecedent.

4.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioners, above named are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Additional District & Sessions Judge-VII-cum-Special Judge Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No. 560 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T