Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1459 of 2016 Arising Out of PS.Case No. -191 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sanjay Yadav son of Ganesh Yadav, resident of village- Uttari Teluha, P.S.- Nautan, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Nautan P.S. Case No.191/2015 registered under Sections 464, 468, 471, 272, 273, 307/34 of the Indian Penal Code and under Section 47(A) of the Excise Act.

The accusation is that the police on receiving secret information about transaction of fake note, raided the house of petitioner Sanjay Yadav, from where, co-accused Narmdeshwar Giri @ Baba, Manoj Yadav and Durgesh Yadav were apprehended and they disclosed the name of petitioner Sanjay Yadav and Nagendra Yadav but they succeeded to flee away from there, who

also used to run the country made liquor factory. Thereafter the house of petitioner was also searched, from where, three persons fled away and their names were disclosed by apprehended coaccused and from where four bottles of country made liquor, punching machine, wrapper, stickers etc were recovered. Learned counsel for the petitioner submits that in fact the petitioner and co-accused Manoj Yadav are full brothers and the petitioner has been falsely implicated in this case showing the accused by the police. The further submission is that it would appear from F.I.R, that neither the petitioner nor his brother Manoj Yadav has been apprehended by the police at the spot. The petitioner is in custody since 19.10.2015, whereas similarly situated co-accused namely Manoj Yadav, Nagendra Yadav, Sk.

Isteyaque have already been granted privilege of bail by the Bench of this Court vide order dated 10.12.2015, 01.10.2015 and 05.10.2015 passed in Crl. Misc. No. 49613/2015, Crl. Misc. No. 45956/2015 and Crl. Misc. No. 45443/2015 respectively. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

Champaran in connection with Nautan P.S. Case No. 191 of 2015.Out of two sureties, one surety must be close relative of the petitioner.

(Rajendra Kumar Mishra, J.) Amit/- U T