Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4894 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Nand Kishore Yadav, s/o Chhabila Yadav Village- Pachlakhi, PS-Nautan, Dist-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Mairwa PS case no. 384 of 2018 registered for the offence punishable under Sections 272, 273, 308/34 of Indian Penal Code and 30(a), 38(1), 41(1) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 345.600 liters of illicit liquor from a Scorpio vehicle. The learned counsel for the petitioner submits that the petitioner is a non-FIR named accused person and has stated in paragraph no. 7 that the vehicle in question does not belong to the petitioner, as such, the petitioner has been falsely implicated at a subsequent stage. The petitioner is stated to be

Patna High Court Cr.Misc. No.4894 of 2019(2) dt.29-01-2019 2/2 having one criminal case pending against him but he is on bail in the said case. It is further submitted that the petitioner is languishing in custody since 24.11.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Siwan in connection with Mairwa PS case no. 384 of 2018.

(Mohit Kumar Shah, J) rinkee/- U T