Vakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39205 of 2016 Arising Out of PS.Case No. -116 Year- 2005 Thana -GOVERNMENT OFFICIAL COMP. DistrictBHOJPUR ====================================================== Vakil Yadav Son of Late Nagadu Yadav resident of village- Sarfafar, Police Station- Udwant Nagar, District- Bhojpur at Ara .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 47(a) (f) of Excise Act. 164 litres of country made liquor and 30 litres of sprit are said to have been recovered from an unsettled shop as well as three rooms. The excise official claims that petitioner managed to escape from the place of occurrence. Submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and as a matter of fact, he was not aware about the present prosecution report and that was the reason he could not surrender before the

Patna High Court Cr.Misc. No.39205 of 2016 (3) dt.18-11-2016 2/2 court below. It is further submitted that apart from the aforesaid fact, petitioner was suffering from epilepsy and he was badly engaged in his treatment.

Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner does not have any criminal antecedent which is evident from perusal of para-3 of the petition, let the petitioner 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 Sri Dinkar Kumar, learned Judicial Magistrate 1st Class, Ara in connection with Excise Case No. 116 of 2005.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T