Lalsa Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49841 of 2016 Arising Out of PS.Case No. -243 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalsa Yadav, Son of Subba Yadav, Resident of Village- Aaithaiya, Police Station- Bhairoganj, District- West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party/s : Mr. Ataur Rahman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P for the State.
The petitioner seeks bail in connection with Chautarwa P.S. Case No. 243 of 2016 registered for the offences punishable under Section 414/34 of the Indian Penal Code and 47(a) of the Bihar Excise (Amendment) Act, 2016. Prosecution case is that 9 liters country made liquor was recovered from the shoulder of the accused person who was sitting behind the motorcycle.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case and he is languishing in custody since 28.09.2016. No one has claimed the seized motorcycle as well as no case has been lodged for the theft of the
Patna High Court Cr.Misc. No.49841 of 2016 (2) dt.13-12-2016 2/2 said motorcycle. Thus, no case is made out under Section 414 of the Indian Penal Code.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
In the facts and circumstances stated above, the petitioner, above named, 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 to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 243 of 2016. (Arvind Srivastava, J) Mishra/- U T