Gulthan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17314 of 2016 Arising Out of PS.Case No. -63 Year- 2010 Thana -GOVERNMENT OFFICIAL COMP. DistrictSIWAN ======================================================

1. Gulthan Yadav Son of Mangaru Chaudhary Resident of village - Barhani Ke Tola, Police Station - Siwan ( Muffasil ), District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-47(A) of the Excise Act.

One thousand kgs. fermented Jawa and 30 litres mahua liquor are said to have been recovered but submission on behalf of the petitioner is that the aforesaid recovery has not been made from conscious possession of the petitioner and, moreover, the aforesaid recovery is said to be made from villageGuruddinpur (Gadasan) P.S. Barhariya, District-Siwan whereas; the petitioner is a resident of village-Barhani ke Purab Tola, P.S. Muffasil, District-Siwan. The petitioner does not have any

Patna High Court Cr.Misc. No.17314 of 2016 (3) dt.02-05-2016 2/2 criminal antecedent and is languishing in jail custody since 09-022016. Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with C-11, 63 of 2010, Tr. No. 1165 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Siwan. (Hemant Kumar Srivastava, J) A.K.V./- U T