Chhotu Kumar Yadav @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51424 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -MAIRWA District- SIWAN ======================================================

1. Chhotu Kumar Yadav @ Chhotu Yadav, Son of Biran Yadav @ Birendra Yadav, Resident of Village- Thepahan Mahadev Tola, P.S.- Jiradei, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Bhushan Verma, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.09.2016 in connection with Mairwa P. S. Case No. 162 of 2016 registered for the offence punishable under Sections 272, 273 and 34 of the I.P.C. and 47, 53 (B), 53 (C) of the Bihar Excise Act, 2016.

The prosecution case as lodged by Jai Narayan Ram, Sub Inspector, Mairwa P.S. is that the petitioner along with another was apprehended on motorcycle and during course of checking, police found a black bag containing 24 litres country made liquor in 120 bottles. Accordingly a seizure list was

Patna High Court Cr.Misc. No.51424 of 2016 (2) dt.05-12-2016 2/2 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated and has no criminal history. It is submitted that the petitioner has neither concern with the seized liquor nor the motorcycle. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, in the facts and circumstances of the case, let the petitioner, above named, be enlarged 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 the learned Additional Chief Judicial Magistrate- VII in connection with Mairwa P. S. Case No. 162 of 2016.

(Nilu Agrawal, J) Sudha/- U T