Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16182 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- HALSI District- Lakhisarai * ====================================================== Vinod Yadav Son of Rajo Yadav Resident of Village - Bhanpura, P.S.- Halsi, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.12.2018 in a case registered for the offences punishable under Sections 337, 338, 279 of the I.P.C., Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016 and Section 185 of the Motor Vehicle Act.

The prosecution case is that the petitioner was driving the tractor in intoxicating condition and it dashed an auto rickshaw.

It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that breath analyzer test of the petitioner was conducted. It is alleged that the tractor dashed the auto rickshaw, but the injury of informant has been

Patna High Court CR. MISC. No.16182 of 2019(2) dt.15-03-2019 2/2 found simple superficial in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner was found in intoxicating condition when he alleged to have dashed the auto rickshaw.

Considering the nature of accusation coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise, Lakhisarai in connection with Jamui P.S. Case No. 206 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T