Mahendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.139 of 2018 Arising Out of PS.Case No. -660 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Mahendra Kumar Yadav, Son of Late Basudeo Yadav, Resident of Village- Chordaha, P.S.- Chauparan, District- Hazaribag (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== 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 Barachatti P.S. Case No. 660 of 2017 instituted for the offences under Sections 30(a), 38 and 47 of the Bihar Excise Amendment Act, 2016.

The allegation is regarding recovery of 160 liters of illicit liquor from an auto rickshaw and upon disclosure by the person apprehended from the auto rickshaw regarding the petitioner being the person who had supplied the illicit liquor, the petitioner was apprehended from his abode at Jharkhand. The learned counsel for the petitioner submits that neither any recovery has been effected from the conscious

Patna High Court Cr.Misc. No.139 of 2018 (2) dt.18-01-2018 2/2 possession of the petitioner nor the petitioner was apprehended from the spot and merely on the basis of suspicion, the petitioner has been roped in the present case. It is further submitted that the petitioner has a clean antecedent and he is in custody since 24.10.2017.

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 on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 660 of 2017. (Mohit Kumar Shah, J) S.Sb/- U T