Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38184 of 2014 Arising Out of PS.Case No. -81 Year- 2014 Thana -DARAUNDA District- SIWAN ====================================================== Surendra Yadav, Son of Late Rudal Yadav, R/o village- Chotaki Kodari Khurd, P.S.- Daraunda, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 01-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daraunda P.S. Case No.81 of 2014 registered under Sections 272 and 273 of the Indian Penal Code besides Section 47(A) of the Excise Act. The accusation is that the police raided the house of one Dahari Chaudhary where one person was seen selling the illicit country made liquor. While the plastic bags containing 500 pouches, each containing 400 ml, was recovered from there but that person, who was Surendra Yadav, son of Late Rudal Yadav, succeeded in fleeing away from there.

Learned counsel appearing on behalf of the petitioner submits that from perusal of the F.I.R., it would appear that the house of Dahari

Patna High Court Cr.Misc. No.38184 of 2014 (2) dt.01-04-2015 2/2 Chaudhary was searched, from where 500 pouches of illicit country made liquor, each containing 400 ml., was recovered and the person, who was present to sell the same succeeded in fleeing away from there but the police disclosed the name of this petitioner as salesman of the same. From the seizure list, it would appear that the co-accused, Satyendra Yadav, was seen fleeing away from the place of occurrence. In fact, the petitioner has been made accused in Daraunda P.S. Case No.62 of 2012 with similar nature of offence, due to that reason, the name of the petitioner has been figured in this case.

Having considered the facts and the circumstances of the case, let the petitioner, in the event of his arrest or surrender by him within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No.81 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.