Patna High CourtCR. MISC./41856/2016bail granted

Rajesh Yadav And ANR v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41856 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -MALSALAMI District- PATNA ======================================================

1. Rajesh Yadav S/o Birja Yadav R/o Moh- Noorpur, P.S.- Malsalami, Distt- Patna.

2. Rakesh Paswan S/o Late Doman Paswan R/o Puranderpur (Near Devi Ashthan) P.S.- Jakkanpur, Distt- Patna.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Malsalami P.S. Case No. 229 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(a), 54, 57, 63 of Bihar Excise (Amendment) Act, 2016. Allegedly, from the petitioners one bottle each containing 750 ml. each of Royal Stag foreign liquor was recovered and the petitioners are in custody since 22.8.2016. In the facts and circumstances stated above, considering the alleged recovery and detention of the petitioners, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with

Patna High Court Cr.Misc. No.41856 of 2016 (2) dt.06-10-2016 2/2 two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar Bharti Judicial Magistrate 1st, Patna City, Patna in connection with Malsalami P.S. Case No. 229 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/avinU T