Patna High CourtCR. MISC./69376/2019bail granted

Bala Yadav v. The State Of Bihar

2019-11-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69376 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== 1.

BALA YADAV, Son of Kanhaiya Yadav, Resident of Village-Lalgadh, P.SYogapatti, District-West Champaran. 2.

Suresh Yadav, Son of Beni Yadav, Resident of Village-Kolhawa, Naya Tola, P.S-Srinagar Pujaha, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 05.08.2019 in a case registered for the offences punishable under Sections 414 and 420 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise, Act, 2016. It is alleged against the petitioners that they were carrying Indian Made Foreign Liquor on stolen motorcycle. From the possession of petitioner no.1, 16.560 litres whereas from the possession of petitioner no.2, 17.280 litres of Indian Made Foreign Liquor were recovered.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.69376 of 2019(2) dt.27-11-2019 2/2 that the investigation has already been concluded. Though petitioner no.1 is accused in one other case, apart from the present case in which he is on bail, but petitioner no.2 is not having any criminal antecedent.

Learned APP for the State submits that the said recovery has been made from the conscious physical possession of the petitioners.

Considering the quantity of recovery and investigation being already concluded, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, in connection with Srinagar Pujaha P.S. Case 50 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T