Patna High CourtCR. MISC./23901/2019bail granted

Dwarika Yadav v. The State Of Bihar

2019-04-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23901 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- JHAJHA District- Jamui ====================================================== DWARIKA YADAV, Aged about 67 years, Male, Son of Late Kesho Yadav Resident of Village - Amba, P.S.- Jhajha, District - Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Prakash For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-04-2019 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Act, 2016. Twenty two litres Mahua liquor are said to have been recovered from hut of the petitioner and petitioner was caught on the place of occurrence.

Submission on behalf of the petitioner is that according to prosecution itself, the aforesaid hut was in the field of the petitioner and, as a matter of fact, the aforesaid hut was abandoned at the time of alleged occurrence and petitioner was arrested by the police from his house and not from the aforesaid hut. It is further submitted that petitioner does not have any criminal antecedent.

Patna High Court CR. MISC. No.23901 of 2019(2) dt.15-04-2019 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties and period of detention of the petitioner is in jail custody, 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 learned Addl. Sessions Judge-II, Jamui in connection with Jhajha P.S. Case No. 77 of 2019. (Hemant Kumar Srivastava, J) Spd/- U T