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2025 DAILYLAW 89623 (PAT)

Sunil Yadav @ Sunil Kumar v. The State of Bihar

CR. MISC./90051/2024 · 2025-01-30

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90051 of 2024 Arising Out of PS. Case No.-384 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== 1 . Sunil Yadav @ Sunil Kumar son of Rajendra Yadav village- Berar tola, Ps- Rani Talab, Dist- patna 2. Bhim Yadav @ Bhim Kumar son of Bhikhari Yadav village- Berar tola, Ps- Rani Talab, Dist- patna 3 . Mithlesh Kumar Yadav @ Mithilesh Yadav @ Mithilesh Kumar son of Bihari Yadav village- Berar tola, Ps- Rani Talab, Dist- patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rana Baljit Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 30-01-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act 2022 . 3 . It is alleged that 80 liters of country made liquor was recovered near Sone river. 4. It is submitted that the petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion . No incriminating material has been recovered from the conscious possession of the petitioners and they are no way Patna High Court CR. MISC. No.90051 of 2024(2) dt.30-01-2025 2/2 connected with the aforesaid recovery . Petitioner No. 1 has got one criminal antecedent of similar nature in which he is on bail and petitioner No. 2 claims clean antecedent. 5 . Learned counsel for the State opposed the bail petition and submitted that petitioner No. 3 has got 4 criminal antecedent of similar nature . 6. Considering the criminal antecedents of petitioner No. 3 , his prayer for pre – arrest bail is rejected. 7. Considering the facts of the case , in the event of arrest/surrender within eight weeks from today, let the petitioner No. 1 and 2 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 learned Special Excise Panapur Patna in connection with Rani Talab Police Station Case No. 384 of 2024 , subject to the conditions laid down under section 482 (2) of BNSS 2023 . Koushik/- (Prabhat Kumar Singh, J) U T