Hemant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85900 of 2023 Arising Out of PS. Case No.-423 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

Hemant Yadav S/o- Umashankar Yadav R/o- Sidhwal, P.S.-Hussainganj, Distt- Siwan 2.

Akash kumar singh s/o- Surendra Singh, R/o- KUSAUNDHI, P.SMIRGANJ, DISTT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners prayed for regular bail in connection with Phulwariya P.S. Case no. 423 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 54 liters of liquor from a motorcycle bearing Registration No. BR29AR9475 and the petitioners are alleged to have been apprehended on spot.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.85900 of 2023(2) dt.11-01-2024 2/2 committed no offence. They has falsely been implicated in this present case. They have got no criminal antecedent. Petitioners have no concern with the alleged recovery of liquor and so far as seized motorcycle is concerned, the same belongs to petitioner no.1. No any incriminating article has been recovered from their possession. The petitioners are languishing in judicial custody since 17.11.2023.

5. Learned APP appearing for the State has vehemently 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Phulwariya P.S. Case No. 423 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-Cum-Special Judge Excise-I, Gopalganj. (Sunil Kumar Panwar, J) Amandeep/- U T