Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79420 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== 1.

RAJENDRA YADAV S/O RAM SOGARATH YADAV VILLAGEMADHOPUR, PS. SIMRI, DIST. DARBHANGA 2.

NATHUNI MAHTO S/O LATE SHATRUGHAN MAHTO VILLAGEMADHOPUR, PS. SIMRI, DIST. DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 90 litres of IMFL from Swift Dzire and four persons including the petitioners were arrested on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have no concern with the alleged recovery or with the vehicle in question. NO incriminating article has been

Patna High Court CR. MISC. No.79420 of 2023(2) dt.11-12-2023 2/2 recovered from their conscious possession. Both the petitioners are languishing in judicial custody since 07.10.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-II (Excise Act) Darbhanga in connection with Simri P.S. Case No. 211 of 2023. (Sunil Kumar Panwar, J) sushma/- U