Nand Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79454 of 2018 Arising Out of PS. Case No.-194 Year-2018 Thana- NAUTAN District- Siwan ====================================================== Nand Kishor Yadav son of Chhabila Yadav Resident of Village- Pachalakhi, P.S. Nautan, District Siwan.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamala Kant Tiwary For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nautan P.S. Case No. 194 of 2018 registered for the offence punishable under Sections 272, 273, 308/34 and 120(B) of the Indian Penal Code.

The allegation in the present case is regarding recovery of 452 litres of illicit liquor from a carton kept on the back side of Bolero vehicle and the petitioner is said to have been arrested from the spot.

The learned counsel for the petitioner, referring to the supplementary affidavit filed on behalf of the petitioner, submits that Bolero vehicle does not belong to the petitioner herein and the petitioner has got nothing to do either with the illicit liquor

Patna High Court Cr.Misc. No.79454 of 2018(2) dt.22-01-2019 2/2 or with the vehicle. The learned counsel for the petitioner has further submitted that no recovery has been made from the conscious possession of the petitioner and the petitioner is having a fair antecedent except one case in which he is on bail. Lastly, it is submitted that the petitioner is languishing in custody since 08.10.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge, Siwan in connection with Nautan P.S. Case No. 194 of 2018.

(Mohit Kumar Shah, J) S.Sb/- U T