Patna High CourtCR. MISC./18350/2019bail granted

Subodh Yadav v. The State Of Bihar

2019-03-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18350 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- FULKAHA District- Araria ====================================================== Subodh Yadav, Son of Raju Yadav, Resident of Village - Diwanganj, P.S.- Diwanganj, District - Sunsari ( Nepal ) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 25.02.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that four persons were apprehended by the villagers 36 litres of illicit Nepali liquor were recovered on a motorcycle. The petitioner was one of them.

It is submitted by learned counsel for the petitioner that the prosecution case does not suggest as to what quantity of recovery has been made from the possession of the petitioner and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.18350 of 2019(2) dt.29-03-2019 2/2 Learned APP submits that the recovery has been made by four persons.

Considering the fact that the petitioner was handed over to the police by the private persons and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, 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 2nd Additional Sessions Judge -cumSpecial Judge, Araria in connection with Special Case No. 131 of 2019, arising out of Fulkaha P.S. Case No. 16 of 2019. (Dinesh Kumar Singh, J) DKS/- U T