Bhola Yadav @ Bhaula Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85766 of 2023 Arising Out of PS. Case No.-774 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== 1.
Bhola Yadav @ Bhaula Kumar S/o Parmeshwar Yadav R/o village-Babupur, P.S-Pranpur, District-Katihar.
2.
Ajit Kumar S/o Rajendra Yadav R/o village-Babupur, P.S-Pranpur, DistrictKatihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagadeo Choubey For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2.The petitioners have prayed for bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, both the petitioners were apprehended on the spot and from a four wheeler vehicle, total 66 liters of foreign liquor was recovered.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have has no concern with the alleged recovery or
Patna High Court CR. MISC. No.85766 of 2023(2) dt.10-01-2024 2/2 with the vehicle in question. Nothing incriminating article has been recovered from their conscious possession. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Petitioners have got not criminal antecedent and languishing in judicial custody since 21.10.2023.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Session Judge-cum-Exclusive Excise Court No.2, Katihar in connection with Town (Sahayak) P.S. Case No. 774 of 2023.
(Sunil Kumar Panwar, J) lata/- U T