Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72185 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- DUMRAO District- Buxar ====================================================== 1.

AMIT YADAV Son of Suraj Yadav Resident of Village- Pratapsagar, P.S.- Dumraon (Naya Bhojpur O.P.), District-Buxar.

2.

Sonu Mahto Son of Diwakar Mahto Resident of Village- Pratapsagar, P. S.- Dumraon (Naya Bhojpur O.P.), District- Buxar. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Dumraon ( Naya Bhojpur O.P.) P. S. Case No. 246 of 2019 instituted for the offence under Section(s) 30(a) of the Bihar Excise (Amendment) Act, 2016.

It is submitted by the petitioners' counsel that the petitioners are having no criminal antecedents and the recovery of illicit liquor, even as per allegations made in the First Information Report, is from the south of pole Factory of Hira Rai's boundary wall. The recovery is not even from the lands of the petitioners and they are in custody since 16.10.2019.

Patna High Court CR. MISC. No.72185 of 2019(2) dt.11-12-2019 2/2 The learned APP for the State opposed the prayer for bail.

Considering the aforesaid, let the petitioners, above named, 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 the Spl. Judge Excise, Buxar, in connection with Dumraon (Naya Bhojpur O.P.) P. S. Case No. 246 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T