Amresh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50129 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amresh Prasad Yadav, son of Satyadeo Prasad Yadav, resident of villageDainiya Tola, P.S.-Palanwa, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar Sinha, Advocate For the Opposite Party : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in custody since 07.08.2016 in connection with Palanwa P.S.Case No.51 of 2016 registered for offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 47 of the Bihar Excise Act. As per the prosecution case the police on night patrolling noticed a person coming on a bicycle, but when the said person saw the police party, he tried to flee away by turning his bicycle whereupon the police party apprehended him on a chase and recovered one cartoon tied on the bicycle. On opening the cartoon 60 bottles, 300 ml. each, of Nepali saufi, which is a country made liquor was recovered. A seizure list was prepared in presence of two independent witnesses. The apprehended person, the petitioner herein, disclosed that he works as a guard at Birganj

Patna High Court Cr.Misc. No.50129 of 2016 (2) dt.22-11-2016 2/2 and he was carrying the said cartoon at the instruction of one Ruplal Patel who gave Rs.600/- to the petitioner for the purpose. It has been submitted by learned counsel for the petitioner that he is an innocent and was coming from his uncle's house when apprehended by the police. He further submits that nothing has been recovered from the conscious possession of the petitioner and he has no criminal history. Only the small quantity of Nepali liquor is alleged to have been recovered. However, learned APP for the State submits that the petitioner was apprehended by the police and named in the FIR, hence opposes the prayer for bail.

Be that as it may, since the petitioner has a clean criminal history and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxaul at Motihari, East Champaran in connection with Palanwa P.S.Case No.51 of 2016. (Nilu Agrawal, J) B.Kr./- U T