Munna Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33521 of 2017 Arising Out of PS.Case No. -278 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Munna Kumar Yadav, son of Late Dharvendra Yadav @ Dhavendra Yadav, resident of Village Ghibha, P.S. Chhataqrpur, District- Supaul. .... .... 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. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2017 Learned counsel for the petitioner is permitted to make correction in the prayer portion of the bail application in the course of the day.
The petitioner seeks bail in connection with Special (Excise) Case No. 8 of 2017 arising out of Madhepura (Bharrahi) P.S.Case No. 278 of 2016 registered under Sections 414 of the Indian Penal Code, 25(1-B)(a), 26, 35 of the Arms Act and Section 47(a) of the Bihar Excise Act.
It is contended by the learned counsel for the petitioner that the offences alleged are all triable by the court of Magistrate and, if found guilty, at best, he can be convicted for a maximum term of three years. It is contended that the petitioner is in custody since 21.05.2016 and, only after a report from the Special Court was asked, vide order dated 23.08.2017, as to why
Patna High Court Cr.Misc. No.33521 of 2017 (4) dt.20-09-2017 2/2 charges have not been framed, charges were framed in the case on 30.08.2017.
Considering the facts and circumstances of the case and the period undergone by the petitioner in custody, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III-cum-Special Judge, Excise Act, Madfhepura in connection with Special (Excise) Case No. 8 of 2017 arising out of Madhepura (Bharahi) P.S.Case No. 278 of 2016. (Ashwani Kumar Singh, J) Pradeep/- U T