Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57736 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -SAHPUR District- BHOJPUR ====================================================== Vinod Yadav S/o Munna Yadav, R/O Village- Bhimpatti, P.S.- Bihiya, District- Bhojpur, R/O Vill.- Shahpur, P.S.- Shahpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Yadav, Advocate. For the Opposite Party : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.03.2017 in a case for the offence registered under Sections 30(d), 56(d), 53 of the Bihar Prohibition and Excise Act and 25(1b)d, 26 and 35 of the Arms Act. The prosecution story, in brief, is that 16.200 liters wine and one country made pistol alongwith five live cartridges are said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.57736 of 2017 (2) dt.18-12-2017 2/2 against the petitioner. It is alleged that 16.200 liters wine and one country made pistol alongwith five live cartridges are recovered from the vehicle in question. The petitioner was a passenger in the said vehicle who had no knowledge regarding the liquor and pistol alongwith live cartridges are being kept in the vehicle. The petitioner has already remained in custody for nine months. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is 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 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge, Ara, in connection with Excise Case No. 55/2017 (Shahpur P.S. Case No. 50 of 2017).

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