Dev Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25724 of 2018 Arising Out of PS. Case No.-92 Year-2017 Thana- DEODHA District- Madhubani ====================================================== Dev Narayan Yadav, Son of Mahendra Yadav, Resident of Village- Ghat Madhiya, P.S. Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2018 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 290/34 of the Indian Penal Code and Section 37(B) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that accuseds were in drunken state along with fire arms.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.9.2017. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. From the possession of co-accused Sujit Kumar Yadav, one country made pistol along with two cartridges are said to have been recovered. No fire arms is recovered from the

Patna High Court Cr.Misc. No.25724 of 2018(2) dt.02-05-2018 2/2 possession of the petitioner. The petitioner was driving the motorcycle in a drunken state. 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 Sessions Judge -II-cum- Special Judge, Excise Act, Madhubani in connection with Deodha P.S. Case No. 92/2017 (G.R. No. 584/2017).

(Sudhir Singh, J) Pankaj/- U T