Mahadeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23782 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- SATHI District- West Champaran ====================================================== MAHADEO YADAV Son of Late Kamal Yadav Resident of Village - Basantpur, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Sathi P.S.Case No.138 of 2018 dated 10.3.2018, registered for offences punishable under Sections 272, 273, 413, 414, 467, 468, 471, 34 of the Indian Penal Code.

On information of manufacturing of liquor, the police raided the village Basantpur and some persons succeeded in fleeing away and six persons were arrested. There is recovery of 35 ltrs. of country-made liquor and 40 ltrs. of spirit and some motorcycles were also recovered.

Submission of the learned counsel for the petitioner is that he has been made accused only on the basis of confessional statement of the co-accused and nothing has been

Patna High Court CR. MISC. No.23782 of 2019(3) dt.01-07-2019 2/2 recovered from his conscious possession and the motorcycle does not belong to the petitioner as well as he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, West Champaran at Bettiah in connection with Sathi P.S.Case No.138 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U