This order grants regular bail to two petitioners implicated in a case under the Bihar Prohibition and Excise Act. After concluding investigation and one year of custody, the High Court directed release on bail bond with sureties.
Directs petitioners to be enlarged on bail by furnishing a bond of Rs.10,000 with two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40786 of 2021
Arising Out of PS. Case No.-214 Year-2021 Thana- SHERGHATI District- Gaya
======================================================
YOGI YADAV @ YOGENDRA KUMAR YOGESH @ YOGENDRA KUMAR S/O RAMSWARUP YADAV @ RAMSWARUP PRASAD R/O GOPI BIGHA, P.S-MAGADH MEDICAL COLLEGE, DISTRICT-GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 41130 of 2021
Arising Out of PS. Case No.-214 Year-2021 Thana- SHERGHATI District- Gaya
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MUKESH KUMAR Son of Dadu Yadav Resident of Village - Gewal Bigha, P.S.- Rampur, Distt.- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance : (In CRIMINAL MISCELLANEOUS No. 40786 of 2021) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP (In CRIMINAL MISCELLANEOUS No. 41130 of 2021) For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in connection with Sherghati (Dobhi) P.S. Case no. 214 of 2021 registered under section 37(2) of the Bihar Prohibition and Excise Act, 2016.
As per the prosecution case, information was received
Patna High Court CR. MISC. No.40786 of 2021(4) dt.11-04-2022 2/2
about some persons creating hulla in the market after having drunk liquor. On reaching the place of occurrence four accused persons including the two petitioners herein were caught.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case because of their antecedents. No occurrence as alleged has taken place. They are in custody since 10.4.2021 and charge sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case especially the petitioners having remained in custody for 1 year and investigation in the case having concluded, the Court directs the above two petitioners to be enlarged on bail in connection with Sherghati (Dobhi) P.S. Case no. 214 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge II-cum-Special Judge, Excise, Gaya.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether to grant regular bail to petitioners in a case under the Bihar Prohibition and Excise Act, 2016 after investigation conclusion and one year custody.
Whether the petitioners should be enlarged on bail by furnishing a bond and sureties.
1 provisions across 1 enactments
Yogi Yadav @ Yogendra Kumar et al.
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
