Patna High CourtCR. MISC./27847/2018bail granted

Subash Yadav @ Subhash Yadav v. The State Of Bihar

2018-05-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27847 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Subash Yadav @ Subhash Yadav, Son of Late Shivmuni Yadav, resident of Village- Ahirauli, P.S.- Buxar (Industrial), District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2018 Heard Sri Satyapal Singh, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 3.4.2018 , having clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Buxar (Industrial) P.S. Case No. 43 of 2018, registered for the offence under Section 272/273/34 of the Indian Penal Code , 1860 and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that nothing was recovered from conscious possession of the petitioner or from premises of the petitioner, rather in this case recovery of about 33.480 liters of foreign liquor was affected from a place where fodder was kept. It has been argued that

Patna High Court Cr.Misc. No.27847 of 2018(2) dt.08-05-2018 2/2 area from which recovery was affected was not in possession of petitioner nor petitioner was aware regarding concealment of such quantity of foreign liquor.

Be that as it may, considering the nature of accusation, clean antecedent of the petitioner as well as period of custody , let the petitioner Subash Yadav @ Subhash Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - IInd cum Special Judge Excise Act, Buxar / concerned court in connection with Buxar (Industrial) P.S. Case No. 43 of 2018.

(Rakesh Kumar, J) praful/- U T