Rajindar @ Ringer @ Rajendra Yadav @ Rajendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8371 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== RAJINDAR @ RINGER @ RAJENDRA YADAV @ RAJENDRA PRASAD YADAV Son of Rajinand Yadav Resident of Village - Imalauli, P.S. Mairwa, District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.12.2018 in connection with Mairwa P.S. Case No. 250/18 for offences punishable under Sections 272, 273, 308, 34 of the Indian Penal Code and Sections 30, 38, 41 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information during course of vehicle checking the police intercepted two motorcycles on which four persons were riding. On seeing the police all the four persons fled away. From the two motorcycles 50 litres of Indian made foreign liquor was recovered.

Patna High Court Cr.Misc. No.8371 of 2019(2) dt.14-02-2019 2/3 Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from the conscious possession of the petitioner and the name of the petitioner along with other three co-accused have been dropped by the local villagers. It is further submitted that one of the co-accused on similar allegation has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 3263 of 2019 vide order dated 24.01.2019.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeII cum Special Judge, Excise, Siwan, in connection with Mairwa P.S. Case No. 250 of 2018, subject to the condition that one the bailors would be a close relative of the petitioner having sufficient immovable property,

Patna High Court Cr.Misc. No.8371 of 2019(2) dt.14-02-2019 3/3 who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T