Raju Kumar @ Raju Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5136 of 2015 Arising Out of PS.Case No. -301 Year- 2014 Thana -TEKARI District- GAYA ======================================================
1. Raju Kumar @ Raju Yadav Son of Surendra Yadav Resident of Village - Mahadeo Bigha, P.S- Tekari, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Opposite Party/s : Mr. Ramsewak Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 272 of the Indian Penal Code and 47(a) of the Excise Act. It is alleged that from the hutment of the petitioner 25 liters of mahua liquor and almunium pipe were recovered. It is submitted by the learned counsel for the petitioner that the hutment does not belong to the petitioner. The seizure was made on 29.09.2014 whereas the prosecution report was transmitted to the court of learned In-charge Chief Judicial Magistrate on 08.10.2014. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the quantity of the recovery and delay
Patna High Court Cr.Misc. No.5136 of 2015 (2) dt.06-02-2015 transmission of the prosecution report, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya in connection with Tekari P.S. Case No. 301 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T