Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12329 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== PRABHU YADAV son of Jang Bahadur Yadav, Resident of village- Mahpur, P.S.- Sarai, O.P., District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 11.01.2019 in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 13 of 2019 for offences punishable under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the informant police personnel, is that on secret information that in the field of one Ali Haidar some persons have concealed huge quantity of illicit liquor, the police conducted a raid and found the petitioner fleeing away from the place, who was apprehended. In the field from a bag 35.100 litres of Indian made foreign liquor was recovered. Accordingly, a seizure-list was prepared.

Patna High Court CR. MISC. No.12329 of 2019(2) dt.28-02-2019 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and the field from where recovery of illicit liquor was made did not belong to the petitioner. Petitioner is languishing in judicial custody for more than 1 1⁄2 months.

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 Judge 2nd cum Special Judge (Excise) Siwan, in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 13 of 2019, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T