Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35362 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -KOTWALI District- MUNGER ====================================================== Kishore Yadav, son of Late Bhoomi Yadav, resident of Village Mohuli, P.S.- Muffasil, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Kumar Sinha, Adv. For the Opposite Party/s : Mr. Abhay Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 125 of 2016 registered under Section 47 of the Excise Act.

It is contended by the learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. The petitioner has been implicated in this case merely on the basis of confessional statement made by one Anita Devi before the police, which has got no evidentiary value. It is further submitted that the petitioner is in custody since 16th May, 2016 and investigation of the case has already come to an end. The petitioner, having got roots in the

Patna High Court Cr.Misc. No.35362 of 2016 (2) dt.22-08-2016 2/2 society, is not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the application for grant of bail.

Regard being had to the facts and circumstances of the case, the petitioner Kishore Yadav is directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 125 of 2016. (Ashwani Kumar Singh, J) Pradeep/- U T