Patna High CourtCR. MISC./16453/2019bail granted

Kakku Yadav v. The State Of Bihar

2019-03-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16453 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Kakku Yadav, male, aged about 25 years, Son of Asharfi Yadav, Resident of Village - Ramdih, P.S.- Noorsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Rahui/Bhaganbigha P.S. Case No. 264 of 2018, dated 27.08.2018, instituted for the offences under Sections 183/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Approximately 10 litres of liquor is said to have been recovered from an Auto-Rickshaw and the driver of the vehicle, namely, Mantu Kumar @ Mantu Yadav was arrested. The name of the petitioner has transpired in the confession of aforesaid Mantu Kumar @ Mantu Yadav.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.16453 of 2019(2) dt.15-03-2019 2/2 submitted that but for the aforesaid confession of an arrested accused person, there is no other material to connect the petitioner with the offence.

There is no recovery from the possession of the petitioner and he is a person of clean antecedents. Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-III, Nalanda at Biharsharif in connection with Rahui/Bhaganbigha P.S. Case No. 264 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T