Yogi Saw @Yogi Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.20934 of 2017 (2) dt.12-05-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20934 of 2017 Arising Out of PS.Case No. -387 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== YOGI SAW @YOGI SAH, SON OF LATE GORELAL SAH, RESIDENT OF MOHALLA- SADIPUR NEAR BARI DURGA ASTHAN , P.S.- KOTWALI, DISTRICT- MUNGER.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Kotwali P.S. Case No. 387 of 2016, registered under Section 30(a) of the Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act. The accusation is in course of raid by the police, 96 bottles each containing 375 ml and 192 bottles each containing 375 ml Indian made foreign liquor recovered in two Tata Sumo Victa bearing registration nos. BR-08A-9965 and BR-1AP-2568 parked at the door of Ravi Kumar. On search of the house of Ravi Kumar, 144 bottles each containing 180 ml Indian made foreign liquor and one pistol along with magazine and 37 cartridges
Patna High Court Cr.Misc. No.20934 of 2017 (2) dt.12-05-2017 recovered. Whereas in course of search of house of petitioner, which is situated in the back of the house of Ravi Kumar, 40 bottles each containing 750 ml Indian made foreign liquor recovered.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion as petitioner and his family members used to reside out side village for livelihood and petitioner was not at his house. It is further submitted that petitioner has no criminal antecedent and is in custody since 13.02.2017.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No. 387 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T