Patna High CourtCR. MISC./57615/2015bail granted

Rajendra Yadav v. The State Of Bihar

2016-07-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57615 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. District- GAYA =====================================

1. Rajendra Yadav, Son of late Bhim Yadav Resident of Village-Marandi, P.S.-Wazirganj, District-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Amrendra Prasad (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Excise Case No.96 of 2015, disclosing offences under Sections 47(a) of the Bihar Excise Act. From the house of the petitioner, allegedly 384 bottles of wine, each containing 200 ML, kept in 8 boxes, were recovered.

Learned counsel for the petitioner has submitted that petitioner is not the sole occupant of the

Patna High Court Cr.Misc. No.57615 of 2015 (4) dt.14-07-2016 2/2 house. It has further been submitted that this is for the first time when the petitioner was made accused in a case under the provisions of Bihar Excise Act.

Considering the facts and circumstances and submissions so advance on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya, in connection with Excise Case No.96 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T