Patna High CourtCR. MISC./43718/2017bail granted

Mahanand Yadav @ Mahanand Ydv v. The State Of Bihar

2017-09-20Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.43718 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43718 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Mahanand Yadav @ Mahanand Ydv, Son of Late Munshilal Rai, Resident of Village- Maujipur, P.S.- Fatuha, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 The petitioner seeks regular bail in connection with Fatuha P.S. Case No. 141 of 2017, registered for offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 2745 litres of foreign liquor. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case nothing has been recovere either from possession of the petitioner or from his house rather the recovery has been made from co-accused Sidheshwar Mochi, who disclosed the name of the petitioner. Further petitioner has no criminal antecedent and has been in judicial custody since 20.07.2017 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.43718 of 2017 (2) dt.20-09-2017 Having heard both sides, considering the facts and circumstances of the case, nature of allegation, quantity of recovery and period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Act), Patna, in connection with Fatuha P.S. Case No. 141 of 2017. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) It is made clear that if the petitioner again found involved in any of the like offences, in future, prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T