Patna High CourtCR. MISC./26083/2016bail granted

Ashok Yadav v. The State Of Bihar

2016-07-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26083 of 2016 Arising Out of PS.Case No. -180 Year- 2016 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Ashok Yadav son of Ramswaroop Yadav resident of Village- Majhauli, P.s.- Muffasil, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deep Nishi For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-07-2016 Counsel for the petitioner seeks and is permitted to make necessary correction at paragraph-1 of the petition in course of the day.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section47(A) of the Excise Act. 20 litres of country-made Mahua liquor is said to have been recovered from conscious possession of the petitioner but submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and as a matter of fact, the petitioner has been implicated in this case and it is further submitted that the petitioner does not have any criminal

Patna High Court Cr.Misc. No.26083 of 2016 (2) dt.04-07-2016 2/2 antecedent and, is languishing in jail custody since 20-04-2016. No doubt, after amendment, the punishment for the offences of Excise Act, has already been increased up to ten years but in the present case, investigation against the petitioner has already been completed and further detention of the petitioner in jail custody, does not require.

Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 180 of 2016 to the satisfaction of Chief Judicial Magistrate, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T