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Patna High CourtCR. MISC./77806/2018bail granted

Dhiraj Yadav And ORS v. The State Of Bihar

2019-01-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77806 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- BELAGANJ District- Gaya ======================================================

1. Dhiraj Yadav son of Rajnandan Yadav

2. Lakshaman Yadav Son of Shiv Nandan Yadav

3. Bindu Yadav Son of Ramo Yadav

4. Mantu Yadav Son of Shiv Lal Yaday all resident of village- Dalibigahaa, P.S. - Belaganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 This application, for grant of anticipatory bail, arises out of Belaganj P.S. Case No. 285/18, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 5 litres of liquor each from petitioner nos. 1 and 2 and allegation is of recovery of 4 litres of liquor each from petitioner nos. 3 and 4. Submission of learned counsel for the petitioners that they have falsely been implicated in this case and the F.I.R itself shows that nothing has been recovered from the conscious possession of the petitioners rather the recovery was made from an open place. Further submission is that petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.77806 of 2018(2) dt.02-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Six Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Belaganj P.S. Case No. 285/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T