Amarjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.619 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Amarjeet Yadav, S/o Parash Yadav, resident of Village- Fulwaria, P.S.- Mairwa, Distt- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sandesh Roy For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mairwa P.S. Case No. 134 of 2016 instituted for the offence punishable under Sections 272, 273, 34 of the Indian Penal Code and 47, 53(B), 53(C) of the Bihar Prohibition and Excise Act 2016. The informant happens to be a Sub-Inspector, who, on secret information, regarding sell of illicit wine conducted raid at the Bathan of one Satyendra Yadav. From where, the police seized 700 bottles of U.P made. The accused persons managed to escape from the place of occurrence.

Contention of the petitioner is that nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court Cr.Misc. No.619 of 2017 (2) dt.11-01-2017 2/2 Bathan, in question, allegedly belongs to Satyendra Yadav and his name appeared in the statement of local Dafadar. The petitioner is in custody since 13.09.2016.

Learned APP, on the other hand, opposed the submission. Admittedly, the petitioner named was disclosed by local Dafadar and from his possession, nothing has been recovered, I am inclined to extend him the privilege of bail. Let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M VII, Siwan in Mairwa P.S. Case No. 134 of 2016 subject to the condition that: (i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

(Sanjay Kumar, J) rohit/- U T