Amarjeet Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.3287 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3287 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -BHORE District- GOPALGANJ ======================================================

1. Amarjeet Yadav, S/o Ramayan Yadav, R/o Luhashi, P.S.- Bhorey, DistGopalganj.

2. Jai Prakash Singh, R/o Late Ramadhar Singh, R/o Lamchaur, Chabariya Tola, P.S.- Bhore, Dist- Gopalganj.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Bhore P.S. Case No. 227 of 2016 registered for the offences punishable under Sections 272, 273, 308, 420/34/120B of the Indian Penal Code and Sections 30 (a), 35 and 38 of Bihar Prohibition Excise Act. Allegedly, the petitioners were apprehended with motorcycle and bag and from bag 180 bottles each containing 200 ml. country made liquor total 36 liter was recovered. Submission is of false implication and that the petitioners have been made victim of circumstances, they are suffering in custody since 20.11.2016 and now by remaining in custody they have sufficiently been penalized.

Patna High Court Cr.Misc. No.3287 of 2017 (2) dt.20-02-2017 Learned APP fairly submits that now lenient view can be taken.

In the facts and circumstances stated above, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicisal Magistrate XII, Gopalganj in connection with Bhore P.S. Case No. 227 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T