Patna High CourtCR. MISC./55348/2015bail granted

Chhotey Yadav And ANR v. The State Of Bihar

2015-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55348 of 2015 Arising Out of PS.Case No. -121 Year- 2015 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================

1. Chhotey Yadav, S/o Late Damodar Das, R/v- Nirmal Bigha, P.S.- Telhara, Distt- Nalanda.

2. Rajeev Prasad @ Rajeev Kumar S/o Harkhit Yadav, R/v- Nayeema, P.S.- Ghoshi (O.P. Okari), Distt- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section 47(a) of the Excise Act.

The prosecution case is that 240 bottles of country made liquors were recovered from the premises of Kishori Ram. Petitioner no. 1 is also alleged to be involved in the sale of liquor when the liquor was being brought by petitioner no. 2 Rajeev Prasad.

It is submitted by the learned counsel for the petitioners that except confession of co accused, there is no material collected

Patna High Court Cr.Misc. No.55348 of 2015 (2) dt.07-12-2015 2/2 during investigation against the petitioners. Admittedly, no recovery has been made from the petitioners. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Hilsa, Nalanda, in connection with Telhara P.S. Case No.121 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T