Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9639 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- BHORE District- Gopalganj ====================================================== Kailash Yadav S/o Vishun Yadav, R/o Village- Sumeri Chhapar, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s :

Mr. SATYA NAND SHUKLA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2018 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 272, 273, 420 of the Indian Penal Code and Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 52.4 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.11.2017 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 52.4 liters wine is recovered from the car in question. The car in

Patna High Court Cr.Misc. No.9639 of 2018(2) dt.21-02-2018 2/2 question does not belong to the petitioner. Petitioner was not apprehended on the spot. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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/complaint case. 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 learned Additional District & Sessions Judge-II-cum-Special Judge, Gopalganj in connection with Bhorey P.S. Case No. 249 of 2017 (G.R. No. 3035 of 2017).

(Sudhir Singh, J) Pankaj/- U T