Patna High CourtCR. MISC./2108/2017bail granted

Shiv Kumar Yadav v. The State Of Bihar

2017-01-31Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2108 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Shiv Kumar Yadav, son of Hridya Yadav, Resident of Village-Phulwaria, P.S. Mairwa, District-Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mairwa P.S. Case no.134 of 2016, registered under Sections 272, 273/34 of the Indian Penal Code and Section 47, 53(B), 53(C) of Bihar Excise Amendment Act.

The accusation is that on receiving secret informant about keeping the illicit liquor in the house of Sateyndra Yadav in village Fulwaria. The Police reached there, on seeing the Police party, some persons started to fleeing from the cattle shed of Sateyndra Yadav, while attempt was made to caught hold them, but they succeeded to flee away. The local Chowkidar disclosed the name of the persons, who succeeded to flee away as Satenyndra Yadav and Amarjeet Yadav, both sons of Parash Yadav and petitioner Shiv Kumar Yadav. On search of the hosue of Satendra Yadav, 700 bottles, each

Patna High Court Cr.Misc. No.2108 of 2017 (2) dt.31-01-2017 2/2 containing 200 ML of U.P. made country made liquor were recovered. Learned counsel for the petitioner submits that, in fact, the local Dafadar, who was inimical term with the petitioner, has implicated the petitioner due to grudge and enmity. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No.134 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T