Sunil Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76480 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
Sunil Kumar Yadav Son of Mahendra Yadav Resident of Village- Vishnupur Ward No. 43, P.S. - Begusarai, District- Begusarai (Bihar) 2.
Ajay Singh Son of Late Ram Vilash Singh Resident of Village - Gadrapur, P.S. - Teghra, District - Begusarai (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. The case of the prosecution is that petitioner no. 1 is the driver and petitioner no. 2 is the helper respectively. The further case of the prosecution is that altogether 216 liters of illicit liquor were recovered from the roof top of the bus. Hence, the FIR.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in connection with
Patna High Court CR. MISC. No.76480 of 2024(2) dt.25-10-2024 2/2 the present case. It is further submitted that they had no knowledge about the alleged liquor. Further submission is that similarly placed co-accused have been extended the privilege of bail vide order dated 07.10.2024 passed in Cr. Misc. No. 72810 of 2024. Petitioners are having no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 29.08.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Manigachhi P.S. Case No. 161 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge- II (Excise Act), Darbhanga. (Ashok Kumar Pandey, J) Jagdish/- U T