Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2469 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -NARPATGANJ District- ARRARIA ====================================================== Santosh Kumar Yadav, Son of Rudranand Yadav, Resident of Village : Manikpur, P.S. : - Fulkaha, District : - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Narpatganj P.S. Case No.139 of 2016 registered under Sections 272 and 273 of the Indian Penal Code besides Section 47 of the Bihar Excise (Amendment) Act, 2016.

The accusation is that on 03.06.2016, in course of checking of the vehicles, two persons, boarding on a motorcycle, were seen in suspicious condition. While the signal was given by the police to stop them but both tried to flee away, however, one of them was apprehended and, on search of the motorcycle, 82 bottles, each containing 180 ml. Nepali liquor, kept in a bag, was

Patna High Court Cr.Misc. No.2469 of 2017 (3) dt.07-03-2017 2/2 recovered. The apprehended accused disclosed his name as Mukesh Kumar Yadav and he disclosed the name of the petitioner, who succeeded to flee away.

Learned counsel for the petitioner submits that, in fact, the petitioner was not apprehended on the spot by the police rather the name of the petitioner has been disclosed by Mukesh Kumar Yadav, who was apprehended by the police. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Narpatganj P.S. Case No.139 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T