Patna High CourtCR. MISC./39352/2017bail granted

Chhoti Yadav v. The State Of Bihar

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39352 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chhoti Yadav, son of Ram Naresh Yadav, resident of village Mangalpur Police Station Bagaha, ( Pathkhouli ) District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Milind Kumar Mishra, learned counsel for the petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor .

The petitioner who is in custody since 24.5.2017 in Bagaha ( Pathkhouli) P.S. Case No. 132 of 2017 registered for the offence under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016 has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner is having clean antecedent and this fact is stated in paragraph no. 3 of the petition. He submits that though nothing was recovered from conscious possession of the petitioner, the petitioner has been made accused due to village politics. He submits that in the case about 40 liter of country made liquor was recovered from a place near the Bank of river Gandak and

Patna High Court Cr.Misc. No.39352 of 2017 (2) dt.19-08-2017 2/2 petitioner was made accused.

Considering the nature of accusation, recovery not from conscious possession or premises of the petitioner, clean antecedent and period of custody, let the petitioner Chhoti 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 Special Judge, Excise , Bettiah, West Champaran / concerned court in connection with Bagaha ( Pathkhouli ) P.S. Case No. 132 of 2017. (Rakesh Kumar, J) Praful/- U T