Patna High CourtCR. MISC./25499/2017allowed

Sanjay Yadav v. The State Of Bihar

2017-06-30Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.25499 of 2017 (4) dt.30-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25499 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Sanjay Yadav Son of Late Dukhi Yadav, Resident of Village/MohallaNawada Basti, Jhumritillaya, P.S.- Tillay, District- Kodarma (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. Sri Aditya Narayan Singh-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 22.04.2017 in connection with Barauni P.S. Case No. 30 of 2017 registered under Sections 188 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Learned counsel for the petitioner has submitted that in fact the petitioner has not been named in the F.I.R. and mere on the basis of confessional statement of co-accused, Sanjeev, petitioner has been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner, which is evident from seizure list. The petitioner is rotting in custody for the last two months. Moreover, Sonu Singh, having more or less similar allegation has already been granted bail by a co-ordinate

Patna High Court Cr.Misc. No.25499 of 2017 (4) dt.30-06-2017 Bench of this Court in Cr. Misc. No. 21093 of 2017. Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-7th, Begusarai-cum- Special Judge, Bihar Prohibition Act, 2016 in connection with Barauni P.S. Case No. 30 of 2016.

(Arvind Srivastava, J) brajesh/- U T