Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9503 of 2018 Arising Out of PS. Case No.-123 Year-2017 Thana- GAMAHARIYA District- Madhepura ====================================================== Shankar Yadav, s/o- Deep Narayan Yadav, r/o- Jiwachpur, Tulsi Tola, P.s.- Gamhariya, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. ATUL CHANDRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Petitioner is permitted to make necessary correction in paragraph 11 of the main application in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B)A, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 88 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.11.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the

Patna High Court Cr.Misc. No.9503 of 2018(2) dt.17-02-2018 2/2 petitioner has transpired on the basis of disclosure made by the co-accused. The petitioner was not apprehended on the spot. It is alleged that 88 liters wine is recovered from two different places i.e. the car parked in front of the house and from the joint house of the petitioner. It is further alleged that one country made loaded pistol was also recovered. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Madhepura-cumSpecial Judge, Excise Act, Madhepura in connection with Gamhariya P.S. Case No. 123 of 2017.

(Sudhir Singh, J) Pankaj/- U T