Patna High CourtCR. MISC./42214/2016bail granted

Awdhesh Yadav And ORS v. The State Of Bihar

2016-10-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42214 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Awdhesh Yadav

2. Naresh Yadav Both sons of Baldeo Yadav

3. Deopujan Yadav son of Mamila Yadav

4. Langtu Yadav son of Late Khedu Yadav

5. Achhelal Sah son of Jag Nath Sah

6. Shatrudhan Yadav son of Late Adalat Yadav

7. Dinesh Yadav son of Mahendra Yadav All are residents of Village - Amwaman Bazar, Police Station - Majhaulia, District - West Champaran.

.... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Khatim Reza For the Opposite Party : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 147, 148, 149, 323, 307, 353, 379, 504, 506, 272, 273 of the Indian Penal Code and 47(A) of Excise Act. Altogether 27 drums of spirit are said to have been recovered from the possession of the accused persons including petitioners.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 28.07.2016. There is no

Patna High Court Cr.Misc. No.42214 of 2016 (2) dt.04-10-2016 2/2 allegation of tampering of witnesses alleged against the petitioners. From perusal of the seizure list, it appears that the same was prepared prior to the institution of the First Information Report. There is no compliance of section 100 of the Cr.P.C. On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 189 of 2015.

(Sudhir Singh, J.) Amit/- U T