Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10219 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- BHORE District- Gopalganj ====================================================== CHANDAN YADAV S/o Suresh Yadav R/o Village- Thakurai Belwa, P.S.- Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Kant For the Opposite Party/s :
Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bhore PS Case No. 352 of 2018 for the alleged offence punishable under Sections 272, 273 and 420 of the Indian Penal Code and Sections 30(A), 35 and 38 of the Bihar Excise Act (new).
It is alleged that 552.96 liters of foreign liquor were recovered in the instant case. Learned counsel representing the petitioner submits that name of the petitioner was disclosed by one Dharmendra Yadav who was arrested on the spot. He further submits that nothing was recovered from the conscious possession of the petitioner and the petitioner is in custody since
Patna High Court Cr.Misc. No.10219 of 2019(2) dt.20-02-2019 2/2 10.01.2019.
Considering the fact that nothing was recovered from the possession of the petitioner and he is in custody since 10.01.2019, this application is allowed. However, while granting bail the Court is conscious of the position that petitioner is accused in earlier two cases of similar nature and as such the Court is constrained to impose stringent condition. Accordingly, let the 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 Addl. District Judge, Gopalganj in connection with Bhore PS Case No. 352 of 2018 subject to the condition that both the bailors should be the elected representatives of the local body.
(Anil Kumar Upadhyay, J) mrl./- U T