Patna High CourtCR. MISC./79766/2023allowed

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

2024-01-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79766 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Sunil Yadav @Sunil Kumar Yadav S/O Bharat Yadav Village- Sipaya Naya Tola, Ps. Bishambharpur, Dist. Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80477 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Jitendra Yadav @ Jitendra Kumar Yadav S/O Mahanth Yadav Village- Sipaya Naya Tola, Ps. Bishambharpur, Dist. Gopalganj ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 79766 of 2023) For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Narsingh Tanti (In CRIMINAL MISCELLANEOUS No. 80477 of 2023) For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Jadopur P.S. Case No. 248 of 2023 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the petitioners are alleged to have been apprehended by police team with motorcycles from where, total 518 liters of illicit foreign liquor were

Patna High Court CR. MISC. No.79766 of 2023(3) dt.23-01-2024 2/2 recovered.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners have not concern with the alleged recovery of liquor or with the vehicles in question. No any incriminating article has been recovered from their conscious possession. They have got no criminal antecedent and languishing in judicial custody since 14.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 released on bail after framing of charge, if not framed in connection with Jadopur P.S. Case No. 248 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions judgeII-Spl judge, Excise-1, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T