Hari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6486 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -RAGHOPUR District- SUPAUL ====================================================== Hari Yadav Son of late Rami Yadav Resident of Gandhi Nagar, Police Station- Raghopur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 18.12.2016 in connection with Raghopur P.S. Case No. 226 of 2016 registered for the offence punishable under Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police party, is that on secret information, they raided the house of the petitioner on 17.12.2016 and recovered 80 pouches of Nepali country made liquor each containing 300 ML kept in a gunny bag. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, has been falsely implicated in the

Patna High Court Cr.Misc. No.6486 of 2017 (2) dt.06-03-2017 2/2 aforesaid case and bears no criminal antecedent. He further submits that the alleged seizure has been made from the house where other members are living jointly and that nothing has been recovered from the conscious possession of the petitioner. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Birpur (Supaul) in connection with Raghopur P.S. Case No. 226 of 2016. (Nilu Agrawal, J.) Arjun/- U T