Ramendra Kumar @ Tufani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16795 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- SANDESH District- Bhojpur ====================================================== RAMENDRA KUMAR @ TUFANI YADAV S/o Vinay Singh @ Vijay Singh Resident of Village- Darshan Chapra, P.S.- Udwantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 04.02.2019 in a case registered for the offence punishable under Sections 413 and 414 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that the petitioner along with co-accused, Sonu Kumar was travelling on a motorcycle from which, 50 litres of illicit Mahua liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner was not aware about the Mahua liquor being kept on the alleged motorcycle and the petitioner is also accused in one other case apart from the present case. Learned APP for the State submits that the said

Patna High Court CR. MISC. No.16795 of 2019(2) dt.26-03-2019 2/2 recovery has been made from the motorcycle on which the petitioner was found travelling.

Considering the quantity of recovery, the period under custody, coupled with the fact that the prosecution report does not suggest that the actual ownership of the alleged motorcycle has been ascertained, let the above named petitioner 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 ADJ-IV-cumSpecial Judge, Excise, Bhojpur at Ara in Excise Case No.202 of 2019 arising out of Sandesh P.S. Case No. 26 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T