Patna High CourtCR. MISC./486/2018bail granted

Chhotu Yadav v. The State Of Bihar

2018-01-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.486 of 2018 Arising Out of PS.Case No. -152 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ====================================================== Chhotu Yadav S/o Ram Khelaban Yadav, R/o Village/Mohalla- Hasanpur Bazar, P.S.- Hasanpur, District- Samastipur (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 152 of 2017 for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47 and 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation of the prosecution is that the police received secret information that one Hasrat Khatoon was selling country made liquor in a hut, whereafter the police had raided the said place and the said Hasrat Khatoon was apprehended and 47 bottles of country made liquor was recovered, whereafter she disclosed that the person, who fled away from the place of occurrence, was her husband, the petitioner herein.

Patna High Court Cr.Misc. No.486 of 2018 (2) dt.18-01-2018 2/2 The learned counsel for the petitioner submits that no recovery has been effected from the conscious possession of the petitioner. It is further submitted that the petitioner has a clean antecedent and he is in custody since 20.11.2017. Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I1-cum- Special Judge (Excise), Samastipur in connection with Hasanpur P.S. Case No. 152 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T