Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14139 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- SIMRI District- Buxar * ====================================================== BIHARI YADAV, Son of Late Sumiran Yadav, Resident of Village- Tilak Rai Kahata, P.S.-Simri (T.R.H.O.P), District- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Simri (TRHOP) P.S. Case No.304 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that there is no recovery of illicit liquor from possession of the petitioner. From the seizure list, it appears that recovery has been made from the field of Laxman Yadav. Petitioner has been arrested merely on suspicion.

Petitioner is in custody since 31.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.14139 of 2019(2) dt.07-03-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simri (TRHOP) P.S. Case No.304 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

From para 3 of the bail petition, it appears that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of furnishing bail bond that he will not indulge in such activities in future, otherwise, his bail bond in the instant case will liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T