Sheojee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39574 of 2016 Arising Out of PS.Case No. -3 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. DistrictJEHANABAD ======================================================

1. Sheojee Yadav son of Ramjatan Yadav resident of village Mahdeo Bigha P.S. Makhdumpur District Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Ms Kumari Sujata Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Excise Case No.3 of 2010 registered under Section 47(a) and (f) of the Excise Act.

It is submitted that though the search and seizure is said to have been made on 14th December, 2009, the prosecution report was prepared on 28th January, 2010 and the same was transmitted to the court on 29th January, 2010. There is no reasonable explanation for the undue and unexplained delay in drawing the prosecution report or transmitting the same to the court. Referring to the seizure list, it is pointed out that the members of the prosecution party have claimed that the alleged

Patna High Court Cr.Misc. No.39574 of 2016 (2) dt.17-09-2016 2/2 Mahua got destroyed in the process of seizure. Regard being had to the submissions made at the Bar, the petitioner Sheojee Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad in connection with Excise Case No.3 of 2010.

(Ashwani Kumar Singh, J) Pradeep/- U T