Mukul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38273 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== MUKUL YADAV Son of Daroga Yadav Resident of Village- Harsatali, P.S.- Daraunda, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Daraunda P.S. Case No. 161 of 2018 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 38 of the Bihar Prohibition & Excise Act, 2016.

As per allegation in the FIR, 86.4 litres of IMFL is alleged to have been recovered from the corner of the Cremation Ground. It is further alleged that as per the Chaukidar, four accused persons including the petitioner succeeded in fleeing away.

It is submitted by learned counsel for the petitioner that no recovery of any incriminating article has taken place

Patna High Court CR. MISC. No.38273 of 2019(3) dt.04-09-2019 2/2 from the possession of the petitioner. The allegations levelled against the petitioner are false and concocted. The petitioner has no criminal antecedent and is in custody since 26.04.2019. Having heard learned counsel for the parties and considering the fact, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions JudgeII-cum-Special Judge, Excise, Siwan in connection with Daraundha P.S. Case No. 161 of 2018.

(Partha Sarthy, J) sushma/- U T