Dinesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23915 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -SIMRI District- BUXAR ====================================================== Dinesh Kumar Yadav, son of Prashuram Yadav, resident of VillageNiyazipur, P.S.- Simri (Hata) District- Buxar. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Simri (T.R.H O.P) P.S. Case No.41 of 2017 registered under Section 30 (a) of Bihar Excise Act.

Allegation in brief is that the accused and one another person were bringing foreign liquor from the State of U.P., who after crossing the river Gangas but the police chased them, the petitioner was apprehended but another one fleeing. Altogether 72 bottles of 750 ml. foreign liquor was recovered from the bags, which was thrown by the petitioner and the co-accused. Learned counsel appearing on behalf of the petitioner submits that the police chased the petitioner and apprehended but recovery is not from his conscious possession.

The

Patna High Court Cr.Misc. No.23915 of 2017 (2) dt.14-06-2017 2/2 petitioner has been in custody since 24.3.2017 and he has got no criminal antecedent.

Having considered the said facts and circumstances, the petitioner, namely, Dinesh Kumar Yadav is directed to 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 A.D.J-II-Cum-Special Court, Excise Act, Buxar in connection with Simri (T.R.H O.P) P.S. Case No.41 of 2017. (Arun Kumar, J) N.H./- U T