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Patna High CourtCR. MISC./38819/2016bail granted

Jagarnath Yadav v. The State Of Bihar

2016-09-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38819 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -MARAUNA District- SUPAUL ====================================================== Jagarnath Yadav Son of Late Munaie Yadav Resident of village - Gonoura, P.S. Marauna, District Supaul .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2016 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 Sections 272, 290 of the Indian Penal Code and Sections 47, 54 of Bihar Excise (Amendment) Act, 2016.

119 bottles containing 300 ml. Nepali liquor each kept in a bag are said to have been recovered from joint possession of the petitioner and his wife, namely, Savitri Devi while they were going on a motorcycle.

Submission on behalf of the petitioner is that petitioner was candidate of Mukhiya in Panchayat election and as a matter of fact, the opponent of the petitioner managed the police

Patna High Court Cr.Misc. No.38819 of 2016 (2) dt.20-09-2016 2/2 and got implicated the petitioner as well as his wife in this false case. It is further submitted that petitioner does not have any criminal antecedent and the wife of the petitioner has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 20.08.2016 passed in Cr. Misc. No. 35520 of 2016. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 19.04.2016, 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 S. Ram Judicial Magistrate, Supaul in connection with Marouna P.S. Case No. 30 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T