Bhonu Yadav @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32584 of 2018 Arising Out of PS. Case No.-125 Year-2017 Thana- BARH District- Patna ====================================================== Bhonu Yadav alias Birendra Kumar , son of Ram Jeevan Yadav alias Jitan Yadav, resident of Mohalla- Dalishman Chak, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Shashi Shekhar Sharma For the Opposite Party/s :

Sri Chandrasen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Shashi Shekhar Sharma, learned counsel for the petitioner and Sri Chadrasen Prasad Singh, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Special Case No. 1868 of 2017 arising out of Barh P.S. Case No. 125 of 2017, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act , 2016 , has prayed for grant of bail in the event of his arrest or surrender mainly on the ground that petitioner only on suspicion has been made accused in the present case. It has been argued that in the present case about 200 meters away from a railway track 59 liters of country made liquor kept in different pouches were recovered and only on suspicion petitioner along with others were made accused. Learned counsel for the

Patna High Court Cr.Misc. No.32584 of 2018(3) dt.26-06-2018 2/2 petitioner has also drawn my attention to the statement made in paragraph no. 7 of the petition and submits that even during supervision the supervisory authority has not found the case true against the petitioner.

Be that as it may, considering the fact that petitioner has been made accused only on suspicion as well as the fact as stated by learned counsel for the petitioner that petitioner is having clean antecedent , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Bhonu Yadav alias Birendra Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Patna / concerned court in connection with Special Case No. 1868 of 2017 arising out of Barh P.S. Case No. 125 of 2017 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T