Jay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26846 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -LADANIA District- MADHUBANI ======================================================
1. Jay Kumar Yadav, son of Late Muneshwar Yadav, resident of Village Kamlabari, P.S. Jai Nagar, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, ADvocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in custody since 10.03.2017 in connection with Ladaniya P.S. Case No. 36/17, G.R. No. 65/17 for the offences alleged under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act. The prosecution case, as lodged by the police personnel, is that during night patrolling they received a secret information that some illegal liquor is being transported to Jogia Chowk. The police personnel apprehended two persons including the petitioner on two motorcycles. From the motorcycle of the petitioner in a jute bag 30 litres of Nepali sophy wine was recovered. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.26846 of 2017 (2) dt.05-07-2017 2/2 petitioner that he is innocent, bears no criminal antecedent and nothing has been recovered from his conscious possession. He submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum Special Judge, Madhubani, in connection with Ladaniya P.S. Case No. 36/17, G.R. No. 65/17.
(Nilu Agrawal, J) Rajesh/- U T