Abinash Yadav @ Avinash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79887 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Abinash Yadav @ Avinash Yadav S/o Late Triveni Yadav R/o- VillagePokariya, P.S.-Ballia, District-Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar For the Opposite Party/s :
Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Ballia P.S. Case No. 238 of 2018 instituted for the offence under Section(s) 420/467/468/671/120(B)/34 of the Indian Penal Code and under Sections 30(a)/32/41(1) of the Bihar Prohibition & Excise Act, 2016.
Learned counsel for petitioner submits that petitioner was neither apprehended on the spot nor illicit liquor has been recovered from his conscious possession.
In the written report, it is alleged that on seeing the police party, petitioner was found running away from the place of occurrence.
Learned counsel for petitioner further submits that
Patna High Court Cr.Misc. No.79887 of 2018(2) dt.17-01-2019 2/2 other co- accused with similar allegation has already been granted regular bail by this Hon'ble Court by order dated 30.11.2018 passed in Cr. Misc. no. 69997 of 2018. The petitioner is in custody since 22.10.2018 having no criminal antecedent.
Considering the aforesaid, let the petitioner, above named, 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 Sessions Judge-II cum Special Judge Excise Act, Begusarai in connection with Ballia P.S. Case No. 238 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T