Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16423 of 2019 Arising Out of P.S. Case No.-26 Year-2019 Thana- FULKAHA District- Araria ====================================================== AJAY YADAV, aged about 30 years (Male), Son of Late Bal Krishan Yadav Resident of Village - Madhura Pashchim Ward No. 03, P.S.- Narpatganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 13.02.2019 in connection with Special Case No.214 of 2019 arising out of Fulkaha P.S.Case No.26 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case as lodged by the SSB Officials is that the petitioner was apprehended near the Indo Nepal Border carrying 73 litres of Nepali Soufi wine in his motorcycle. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and

Patna High Court CR. MISC. No.16423 of 2019(2) dt.27-03-2019 2/2 the seizure list does not bear his signature although it is alleged that the petitioner was apprehended on the spot which is noncompliance of Section 100 of the Cr.P.C. He further submits that the petitioner has been falsely implicated and undertakes to cooperate in the investigation and not to tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the materials on record and the nature of allegations, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.214 of 2019 arising out of Fulkaha P.S.Case No.26 of 2019 to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria subject to the conditions that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T