Sipahi Yadav @ Sipahi Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.61619 of 2018 (2) dt.08-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61619 of 2018 Arising Out of PS.Case No. -314 Year- 2018 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sipahi Yadav @ Sipahi Kumar, Son of Harendra Yadav, resident of Village- Pannapur Jogia, Police Station- Harsiddhi, District- East Champaran at Motihari. At present resident of Mohalla- Naurang Bagh, Bettiah, Police Station Bettiah Town, District- West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.

The petitioner seeks bail in Nautan P.S. Case No.314 of 2018 registered under Sections 414 and 34 of the Indian Penal Code and Section 30(a) and 36 of Bihar Prohibition and Excise Act.

The informant, S.H.O. of Nautan alleged that he got information that the petitioner was dealing illicit liquor and petitioner stored illicit liquor in the hut of Badri Yadav. The petitioner was apprehended and from the dickey of the petitioner, Rs.4,23,410/- was recovered. The petitioner did not produce any papers with regard to the motorcycle. From the house of Badri

Patna High Court Cr.Misc. No.61619 of 2018 (2) dt.08-10-2018 Yadav, huge quantity of spirit was recovered. The learned counsel for the petitioner submits that the petitioner owned the motorcycle, from the dickey of which, Rs.4,23,410/- was recovered. There is nothing on record that money was stolen one. Nothing has been recovered from the possession of the petitioner. The spirit was recovered from the house of Badri Yadav. Petitioner is in jail since 12.06.2018. Considering the facts that from the conscious possession of the petitioner only motorcycle and Rs.4,23,410/- was recovered and motorcycle is owned by the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, West Champaran at Bettiah in connection with Nautan P.S. Case No.314 of 2018. (Prabhat Kumar Jha, J) Saurabh/- U T