Patna High CourtCR. MISC./22221/2016bail granted

Vidhayarthi Yadav v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22221 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -ANTARI District- GAYA ======================================================

1. Vidhayarthi Yadav S/o late Lilla Yadav R/o Vill- Chahal Mundera PS Atari, Dist Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Atri Police Station Case No. 40 of 2016, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 47(a) of the Excise Act. Learned Counsel appearing on behalf of the petitioner has submitted that the country made liquor was not seized from the field or premises owned by the petitioner and there is no justification behind implicating the petitioner for the offence alleged. He submits that he has been implicated only on the basis of disclosure of his name by the Chowkidar of the village. It has been stated in paragraph 3 of the application that the petitioner has no

Patna High Court Cr.Misc. No.22221 of 2016 (3) dt.14-07-2016 2/2 criminal antecedent.

Considering the above submission, this application is allowed.

Let the petitioner, Vidhayarthi Yadav, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Atri Police Station Case No. 40 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √