Sita Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37014 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- Giriyak District- Nalanda ====================================================== Sita Ram Yadav S/o Keshar Yadav, R/o Vill.- Hasanpur, P.S.- Giriyak, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1 For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

29-06-2018 Heard Sri Anil Kumar No. 1, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent which fact has been stated in paragraph 3 of the petitioner apprehending his arrest in Giriyak P.S. Case No. 54 of 2018 registered for offence under Sections 30(a) & 41 of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner, by way of referring to the F.I.R. particularly the seizure list, submits that in this case, recovery of about 2 litres of country-made liquor was shown from the house of one Siri Chaudhary. However, due to village politics, petitioner has been arrayed as also one of the

Patna High Court Cr.Misc. No.37014 of 2018(2) dt.29-06-2018 2/2 accused, otherwise, nothing was recovered either from conscious possession of the petitioner or from his premises. Learned Addl. Public Prosecutor has opposed the prayer, however; he has not disputed the fact that nothing was recovered from the house of the petitioner.

In view of the nature of accusation as well as clean antecedent, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Sita Ram Yadav be enlarged 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 6th Addl. District and Sessions Judge-cum-Special Judge, Excise, Nalanda, Bihar Sharif in connection with Giriyak P.S. Case No. 54 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T