Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13021 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Surendra Yadav, son of Late Sohrai Yadav, resident of Village-Gopi Bigha, P.S.-Magadh Medical College, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Barachatti P.S.

Case No. 489 of 2016 instituted for the offence under Section(s) 372, 273, 120B of the Indian Penal Code and Section 30(a), 32(2), 38, 47 of the Bihar Prohibition and Excise Act, 2016. It is alleged that informant found one tempo and one Passion Motorcycle coming from Jharkhand on which two persons were sitting and when the police signaled them to stop then they tried to run away. They were caught on chase which included this petitioner. It is further alleged that total 67 litres of foreign liquor was recovered from the tempo.

It has been submitted on behalf of the petitioner that as per seizure list, there is no recovery of any

Patna High Court Cr.Misc. No.13021 of 2017 (2) dt.13-04-2017 2/2 foreign liquor from the conscious possession of the petitioner. It has further been submitted that co-accused Ravi Kumar who was sitting on the tempo has been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 3471 of 2017 on 23.02.2017. The petitioner is said to be in custody since 02.12.2016.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 489 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T