Patna High CourtCR. MISC./1803/2019bail granted

Satendra Yadav v. The State Of Bihar

2019-01-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1803 of 2019 Arising Out of PS. Case No.-705 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== Satendra Yadav, Gender-Male, aged about 32 years old, Son of Pairu Yadav, Resident of Village-Tinanwan, P.S.- Fatehpur, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mrs. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Let the matter be placed before the appropriate Bench.

Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 26.11.2018 in a case registered for the offences punishable under Section 120B of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is to the effect that from a motorcycle, 14 litres of country made mahua liquor was recovered when one Suresh Yadav was apprehended, who disclosed the name of the petitioner, as the person who escaped from the scene.

Patna High Court Cr.Misc. No.1803 of 2019(2) dt.16-01-2019 2/2 It is submitted by learned counsel for the petitioner that the accusation does not reflect that the recovery has been made from the possession of the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that though the petitioner is involved in other case of similar nature, but in that case, he is on bail.

Learned APP submits that name of the petitioner sprang up on the confession of co-accused Suresh Yadav. Considering the fact that no recovery has been made from the petitioner and the period under custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 705 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T