Patna High CourtCR. MISC./974/2018disposed

Badhu Yadav v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.974 of 2018 ======================================================

1. BADHU YADAV, S/o Late Balgovind Yadav, Resident of VillageShankardih, P.S.- Parwalpur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binit Kumar For the Opposite Party/s : Mr. Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Parbalpur P.S. Case No. 158 of 2017 instituted for the offences under Sections 30(a), (b) of the Bihar Excise Act, 2016 and Section 25(1-b) a, 26 and 35 of the Arms Act. The allegation is regarding recovery of country made pistol, live cartridges, sweet mixture and about 10 liters of illicit liquor from the cabin of one Mukesh Singh, however the petitioner was apprehended when he was out of the cabin and was trying to flee away upon seeing the Police.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the said cabin does not belong to him. It is further submitted that the

Patna High Court Cr.Misc. No.974 of 2018 (2) dt.18-01-2018 2/2 petitioner has a clean antecedent and he is in custody since 13.09.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner is having a clean antecedent, I deem it fit and proper to enlarge the petitioner above named on regular bail upon completion of six month's custody with effect from 13.09.2017 subject to such conditions as may be imposed by the trial court i.e. the learned court of Additional District and Sessions Judge-cum-Special Judge Excise, Nalanda at Bihar Sharif in connection with Parbalpur P.S. Case No. 158 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T