Devendra Yadav @ Devendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48168 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -DURAULI District- SIWAN ====================================================== Devendra Yadav @ Devendra Chaudhary, S/o Pyar Chaudhary, R/o Village-Dumrahar Khurd, P.S.- Darauli, District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 11.8.2016 in connection with Darauli P.S. Case No.109 of 2016 registered for the offence under Sections 272, 273, 308,420 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act, 2016.

Learned counsel for the petitioner submits that the alleged recovery has been made from a hut, which does not belong to the petitioner, rather the same was used as the house of the joint family. He further submits that in view of the aforementioned facts and circumstances and also because the recovery was not made from his conscious possession, the

Patna High Court Cr.Misc. No.48168 of 2016 (2) dt.24-11-2016 2/2 petitioner may be released on bail.

Having considered the facts and circumstances of the case and that the alleged recovery was not made from his conscious possession, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Darauli P.S. Case No.109 of 2016. (Anjana Mishra, J) PNM U T