Shiv Kumar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46321 of 2016 Arising Out of PS.Case No. -261 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Shiv Kumar Yadav, son of Ram Jwala Yadav

2. Pappu Kumar, son of Yugeshwar Yadav Both are residents of village- Surha, Basantpur, P.S. Hasanpur, District-Samastipur

3. Saroj Chaudhary, son of Subodh Chaudhary, resident of village- Mauli, P.S. Hasanpur, District-Samastipur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-10-2016 Heard Sri Bhubneshwar Prasad, learned counsel for the petitioners and Sri Ram Sevak Choudhary, learned Addl. Public Prosecutor.

Three petitioners, who are in custody since 05.09.2016 in Samastipur (Muffasil) P.S. Case No.261 of 2016 registered for the offence under Section 414 of the Indian Penal Code and Sections 47 and 53 of the Bihar Excise (Amendment) Act, 2016, have prayed for grant of bail.

It was alleged that the petitioners and two other accused were drinking in a vehicle. When the police arrived, out of five, one person fled away. Learned counsel for the petitioners has drawn my attention to the statement made in paragraph-3 of

Patna High Court Cr.Misc. No.46321 of 2016 (2) dt.27-10-2016 2/2 the petition that the petitioners are having clean antecedent. Sri Ram Sevak Chaudhary, learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioners. However, considering the nature of accusation, period of custody as well as clean antecedent of the petitioners, let the aforesaid three petitioners, namely, (i) Shiv Kumar Yadav (ii) Pappu Kumar and (iii) Saroj Chaudhary be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur in connection with Samastipur ( Muffasil) P.S. Case No.261/2016 (Rakesh Kumar, J) NKS/- U T