Shiv Narayan Yadav @ Ramchela Yadav @ Ray @ Ramchela Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47854 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHIV NARAYAN YADAV @ RAMCHELA YADAV @ RAY @ RAMCHELA RAY Son of Ramchandra Ray Resident of Village - Tikuliya, P.S.- Muffasil, Dist.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore, Advocate Mr. Hemant Kumar Sharan, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Muffasil (Motihari) P.S. Case No. 180 of 2019 dated 25.04.2019 instituted for the offences under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Approximately 245 litres of spirit is said to have been recovered from a vehicle which was reported to be of the petitioner and other accused persons. Learned counsel for the petitioner submits that such information has been provided by the spy which is incorrect. The vehicle which was seized in connection

Patna High Court CR. MISC. No.47854 of 2019(4) dt.16-11-2019 2/2 with this case does not belong to the petitioner. The petitioner has clean antecedents. Some of the other accused persons named in the FIR have been granted anticipatory bail.

Considering the aforestated facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise, Motihari in connection with Muffasil (Motihari) P.S. Case No. 180 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T