Patna High CourtCR. MISC./31004/2014bail granted

Oshiyar Yadav @ Oshihar Yadav v. The State Of Bihar

2015-01-20Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31004 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ====================================================== Oshiyar Yadav @ Oshihar Yadav S/o Sampat Choudhary resident of vill.- Sultanpur (Dahawari), P.S.- Andar, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Arun Kr. Panday (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Siwan Excise Case No.CIII 36/14 for the offence under Section 47(A) of the Bihar Excise Act.

The allegation against the petitioner is that two drums of sprit and one Bolero Jeep were recovered from the newly constructed house of this petitioner and, accordingly, seizurelist was prepared.

Learned counsel for the petitioner submits that aforesaid articles were recovered from the newly under constructed house from where the petitioner was not living and the alleged seizure list was prepared not in the presence of local

Patna High Court Cr.Misc. No.31004 of 2014 (2) dt.20-01-2015 2/2 witness. It is submitted that only because of the alleged recovery which is not from his conscious possession the petitioner has been made accused as the house in question was being constructed by him, the petitioner has been facing prosecution in the present case. Considering the aforementioned submissions and also the fact that the petitioner does not live there, let the petitioner, above named, in the event of his arrest or surrender before the court below within two weeks, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of The C.J.M., Siwan, in Siwan Excise Case No.CIII 36/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T