Balindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63547 of 2017 Arising Out of PS.Case No. -318 Year- 2017 Thana -BHORE District- GOPALGANJ ====================================================== Balindra Yadav Son of Parma Yadav, Resident of Village - Luhasi, Police Station-Bhorey, District-Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== 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 Bhorey P.S. Case No. 318 of 2017 instituted for the offences under Sections 272, 273 and 420 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that upon receipt of secret information by the Police to the effect that illicit liquor was being brought from U.P., the Police party raided the place of occurrence and apprehended one motorcycle on which two people were riding and thereafter 83 litres of illicit liquor was recovered and the petitioner was apprehended from the spot. The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.63547 of 2017 (2) dt.18-01-2018 2/2 fact is that no recovery has been effected from the conscious possession of the petitioner herein. The petitioner is languishing in custody since 08.10.2017.

Considering the nature of accusation and the period of custody already undergone, I am inclined to grant bail to the petitioner in the present case, however, considering the antecedent of the petitioner, it would be appropriate to enlarge the petitioner above named on regular bail on furnishing bail bond of Rs. 2,50,000/- (rupees two lakh and fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gopalganj in connection with Bhorey P.S. Case No. 318 of 2017.

It is further directed that the petitioner shall appear before the concerned police station at 10:00 A.M. on every Monday of the week and mark his attendance and on defaults of two consecutive dates to do so, the present privilege of bail shall stand cancelled automatically and the petitioner would be taken into custody forthwith.

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