Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27159 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -SIRDALA District- NAWADA ====================================================== Sanjay Yadav Son of Lakhan Yadav Resident of village - Biseyat Tola, Dhowani, P.S. Meskour, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner are apprehending his arrest in connection with Sirdulla (Maskaur) P.S. Case No.49 of 2016 for the offences instituted under Sections 272, 273 of the Indian Penal Code and 47(A) Excise Act.

The prosecution case, in brief, is that on 16.03.2016 at 16.30, the informant received an information that Sanjay Yadav of Dhobni village was manufacturing illicit liquor in village Dhobni and upon that information the informant along with other police force reached at village Dhobni and on seeing the police force the petitioner fled away. On search, 35 litres of illicit liquor and other manufacturing apparatus were recovered from the field of the petitioner.

Patna High Court Cr.Misc. No.27159 of 2016 (2) dt.11-07-2016 2/2 It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. The recovery is said to be from open field, same cannot be claimed to be from the possession of the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below, which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.20,000/- in the court below, which shall be subject to the final disposal of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of C.J.M., Nawada, in connection with Sirdulla (Meskaur) P.S. Case No.49 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T