Patna High CourtCR. MISC./40108/2019bail granted

Naveen Kumar @ Naveen Yadav v. The State Of Bihar

2019-07-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40108 of 2019 Arising Out of PS. Case No.-144 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== NAVEEN KUMAR @ NAVEEN YADAV Son of Dukhan Yadav Resident of Village - Misi, P.S.- Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 30(a), 30(c), 30(d) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case in short is one country made loaded pistol along with 25 liters wine was recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.5.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One loaded country made pistol is recovered from the co-accused Mithilesh Yadav.

Patna High Court CR. MISC. No.40108 of 2019(2) dt.01-07-2019 2/2 No arms has been recovered from the possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No. 4522 of 2019 arising out of Bakhtiyarpur P.S. Case No. 144 of 2019.

(Sudhir Singh, J) Pankaj/- U T