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Patna High CourtCR. MISC./52408/2016bail granted

Baliram Yadav And ANR v. The State Of Bihar

2016-12-16Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52408 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Baliram Yadav Son of Paras Yadav

2. Radhav Yadav Son of Bachha Yadav Both are Resident of Village-Hem Bardanha, P.S. Kuchaikot, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 21.09.2016 in connection with Yadopur P.S. Case No. 67 of 2016 registered for the offence punishable under Sections 272, 273 and 420 of the Indian Penal Code and Sections 47(A) and 47(G) of the Excise Act.

The prosecution case, as lodged by the police personnel, is that during course of patrolling duty, they came across two persons (petitioners) riding on a motorcycle carrying while plastic bag containing about 18 litres of country made liquor. Accordingly, petitioners were apprehended and seizure-list prepared.

Patna High Court Cr.Misc. No.52408 of 2016 (2) dt.16-12-2016 2/2 It has been submitted by the learned counsel for the petitioners that they are innocent and have been falsely implicated in the aforesaid case. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted, let the petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Yadopur P.S. Case No. 67 of 2016. (Nilu Agrawal, J.) Arjun/- U T