Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26952 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

SURESH YADAV Son of Ramdeo Yadav Resident of Village - Bhola Bigaha, P.S.- Magadh Medical, Distt - Gaya.

2.

Kapil Yadav Son of Bhuin Yadav Resident of Village - Bhola Bigaha, P.S.- Magadh Medical, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This application, for grant of anticipatory bail, arises out of Magadh Medical P.S. Case No. 29 of 2019, disclosing offences under Sections 30(a)(d) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 12 quintals of soaked mahua near the bank of river and petitioner and others said to have fled away from the place of recovery.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been made accused in this case and nothing has been recovered either from the possession or from the house of the petitioner. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.26952 of 2019(2) dt.24-04-2019 2/2 Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Gaya in connection with Magadh Medical P.S. Case No. 29 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T