Goutam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22821 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== 1.

Goutam Kumar Yadav son of Suffal Yadav, Resident of Village - Maghi, P.s.- Laxmipur, Distt.- Jamui.

2.

Kesher Kumar Son of Mahendra Yadav Resident of Village - Mohanpur, P.s.- Laxmipur, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 379, 411 of I.P.C, Section 8 of Bihar Mines Minerals Prevention of Illegal Mining Transporation Storage Rule, 2003, Section 40 of Bihar Concession Rule, 1972, Section 15 of Forest Environment Act, 1986, Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and 25(1-B)a/26/35 of Arms Act and 3⁄4 of Explosive Substance Act. Prosecution case, in short, is that 2 liters wine, one double pipe gun, one country made pistol and 45 live cartridges are recovered.

Patna High Court CR. MISC. No.22821 of 2019(3) dt.18-06-2019 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 10.03.2019 and have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. Co-accused Sanjay Yadav is the Mukhiya of the said panchayat. The petitioner had gone for his work. He had got no concern with the alleged recovery made from the premises belonging to co-accused Sanjay Yadav.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Laxmipur P.S. case No.81 of 2019.

(Sudhir Singh, J) Narendra/- U T