Amit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1236 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -ITADHI District- BUXAR ====================================================== Amit Yadav, son of Jagdish Yadav @ Jagdish Singh, resident of Village Chousa (Krishanpuri), P.S. Buxar (M), District Buxar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 16.11.2016 in connection with Itarhi P.S. Case No. 128/16 for offences punishable under Sections 272/273 of the Indian Penal Code and under Sections 47, 57, 63 of the Bihar Excise Act. The prosecution case, as lodged by the police personnel, is that on a tip off a raid was conducted and near the house of one Raj Narayan Mukhiya in a Bolero vehicle bearing Registration No. BR 1AP 3728 a huge quantity of foreign liquor was confiscated and, accordingly, seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and nothing has been recovered from his conscious possession and his
Patna High Court Cr.Misc. No.1236 of 2017 (2) dt.16-01-2017 2/2 Bolero vehicle was being driven by a driver, who has misused it without his consent. He submits that another co-accused, who had been named by Raj Narayan Mukhiya, has since been granted the privilege of anticipatory bail by a Coordinate Bench of this Court. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 128/16. (Nilu Agrawal, J) Rajesh/- U T