Yugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50295 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Yugesh Yadav, Son of Hari Yadav, resident of Village - Darisuro Dabhi, PS Dobhi, District - Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar, Advocate. For the Opposite Party : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Magadh Medical P.S. Case No. 140 of 2015 for the offences instituted under Sections 1 (c) 3, 5(b), 18 of Mahua Flower Act, 47(F), 13(F) and 48 of the Excise Act and 414 of the IPC. The prosecution story, in brief, is that on search of a Pick-up Van by the informant, total 2400 Kg. Mahua flower was recovered. The petitioner is the owner of the said Pick-up Van. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.50295 of 2016 (2) dt.25-11-2016 2/2 falsely been implicated in the present case. 60 bags Mahua Flower each containing 40 Kg. total 2400 Kg. are said to have been recovered. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Magadh Medical P.S. Case No. 140/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T