Hira Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48148 of 2015 Arising Out of PS.Case No. -348 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Baliram Yadav, Son of Late Ram Bahal Yadav, Resident of village- Fanagi, P.S. Tekari, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.49531 of 2015 Arising Out of PS.Case No. -348 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Ramashish Yadav, Son of Gung Yadav, Resident of Village - Pach Mahala, P.S.- Tekari, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.49712 of 2015 Arising Out of PS.Case No. -348 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Hira Yadav, Son of Late Munilal Yadav, R/o Village - Pach Mahalla, P.S. - Tekari, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 02-11-2015 Heard learned counsel for the petitioners and the State.
Patna High Court Cr.Misc. No.48148 of 2015 (2) dt.02-11-2015 2/3 Petitioners in these three petitions are apprehending their arrest in connection with a case registered for the offences under Sections 272, 273 of the Penal Code and Section 47(A) of the Excise Act. The hut premises of these three petitioners were separately raided by the police party on the date of occurrence and from the hut said to be of petitioners Baliram Yadav and Hira Yadav 18 litres of mahua liquor is said to have recovered. From the hut of petitioner Ramashish Yadav 20 litres of country-made liquor is said to have recovered. It appears from paragraph 3 of each of these petitions that petitioner Baliram is accused in two earlier cases, one registered for the offence under Section 395 and the other under Section 47(a)(f) of the Excise Act. Petitioners Ramashish Yadav and Hira Yadav are not accused in any other case besides the present case.
Let petitioners, named above, surrender in the court below within a period of four weeks from the date of receipt/ production of a copy of this order in the court below and thereafter the court below should verify the aforesaid statement made in paragraph 3 of each of the three petitions and if it is true that petitioner Baliram Yadav is accused in only two earlier cases and petitioners Ramashish Yadav, Hira Yadav is not accused in any other case besides the present case, they be released on bail on
Patna High Court Cr.Misc. No.48148 of 2015 (2) dt.02-11-2015 3/3 furnishing bail bonds of Rs. 5,000/-(Rs. Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Tekari P.S. Case No. 348/15, subject to the conditions laid down under Section 438(2) Cr.P.C. Until such verification, no coercive steps be taken against the petitioners.
The petitions are, accordingly, disposed of.
(V.N. Sinha, J) Rajesh/- U T