Mosafir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30174 of 2014 Arising Out of PS.Case No. -370 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Mosafir Yadav, S/o Ramswaroop Yadav, Resident of Village- Patrang, P.S.- Akbarpur, District- Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with G.O. Case No. 370 of 2014 registered for the offences punishable under Section 47(A) of the Excise Act, seeks the privilege of pre-arrest bail.

Allegedly, sixty litres country made illicit liquor was recovered from the room of the petitioner.

Submission is that independent witness, Janak Manjhi has already died on 14.01.2014 vide Annexure -2 but his name has been shown as witness and on this ground alone, the petitioner deserves sympathetic consideration, to which the learned A.P.P.

Patna High Court Cr.Misc. No.30174 of 2014 (2) dt.19-01-2015 does not oppose.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with G.O. Case No. 370 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T