Achchhe Lal Yadav @ Achchelal Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.43691 of 2014 (2) dt.22-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43691 of 2014 Arising Out of PS.Case No. -53 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Achchhe Lal Yadav @ Achchelal Yadav Son of Rajendra yadav Resident of Village - Neerpur, P.S. - Distt - East Champaran

2. Puran Yadav Son of Yogendra Yadav Resident of Village - Neerpur, P.S. - Paharpur, Distt. - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-04-2015 Learned counsel for the petitioners is permitted to make necessary corrections as he submits that case in question has now been transferred to the Court of Shri R.K. Rajak, J.M. 1st Class, Motihari.

The corrections are so permitted.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Excise Case No. 53/2013 registered for the offences punishable under Sections 47(A) of the Excise Act.

Learned counsel for the petitioners submits that the alleged seizure-list does not disclose clearly the place where the alleged articles were seized or recovered. It is further submitted that even

Patna High Court Cr.Misc. No.43691 of 2014 (2) dt.22-04-2015 if such contentions are accepted, it is a case of first offence and that the petitioners have no criminal antecedent. Considering the above mentioned submission and also the nature of the allegations, let the petitioners, in the event of their arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, in connection with Excise Case No. 53/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T