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Patna High CourtCR. MISC./4246/2020allowed

Sohan Yadav @ Sohan Kumar Yadav @ Sohan Kumar v. The State Of Bihar

2020-06-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4246 of 2020 Arising Out of PS. Case No.-197 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== SOHAN YADAV @ SOHAN KUMAR YADAV @ SOHAN KUMAR Son of Bisheshwar Yadav Resident of Village - Ward No.01, Chapradhi, P.S.- Kuar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-06-2020 Heard learned counsel for the petitioner as well as learned APP through video conferencing.

Informant, an engineer, deputed as Magistrate during course of election, and accordingly, was indulged in vehicle checking along with police personnel and during course thereof, two motorcyclists, seeing them, tried to escape, out of whom two persons were apprehended being over one motorcycle, who disclosed their identity as Hari Manjhi as well as Dilip Manjhi. The bag, which they were carrying, was opened wherefrom 13.500 litres of Saufi (Nepali Wine) was seized while occupants of other motorcycle succeeded in their escape after leaving the motorcycle as well as bag which was also opened and, 90 Litre, 300 ML, Nepali Saufi was found therein.

On interrogation, the apprehended accused stated that

Patna High Court CR. MISC. No.4246 of 2020(2) dt.11-06-2020 2/2 they were carriers engaged by Sohan Yadav.

There happens to be no corroborative evidence save and except inculpatory extra-judicial confessional statement of a co-accused. Consequent thereupon, let petitioner, SOHAN YADAV @ SOHAN KUMAR YADAV @ SOHAN KUMAR be released on anticipatory bail in the event of arrest or surrender within four weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cumSpecial Judge, (Excise Act), Madhubani in connection with Jainagar PS Case No. 197 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Aditya Kumar Trivedi, J) perwez U T