Durga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60915 of 2018 Arising Out of PS. Case No.-239 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Durga Yadav, S/o Deyali Yadav, R/o Village- Guthiya, P.S.- M.M.C.H. Gaya, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30 (a) of the Bihar Excise and Prohibition Act.

From the motorcycle of the petitioner 375 ml. of liquor was recovered.

Submission is that petitioner had given the said motorcycle to co-villager for medical purposes. However, the petitioner had no knowledge about what the co-villager put in the dickey, nor the petitioner was apprehended on the spot. The petitioner has got no criminal antecedent.

Considering the aforesaid facts, let the petitioner,

Patna High Court Cr.Misc. No.60915 of 2018(2) dt.03-10-2018 2/2 above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sherghati Police Station Case No.239 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T