Budhan Yadav @ Budan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54182 of 2017 Arising Out of PS. Case No.-605 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Budhan Yadav @ Budan Yadav, S/o Late Baleshwar Yadav @ Balkeshwar Yadav, Resident of Village- Kushmaha Bazar, Ward No.03 P.S.- Jogbani, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. AMIT KUMAR RAKESH, A.P.P.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offence punishable under Section 30 of Bihar Excise Amendment Act. It is contended that, as per allegation, about 405 liters of Nepali liquor was recovered from the bush besides a tree. It is contended that there is no recovery from the physical possession of the petitioner as the recovery is admittedly from the bush near the tree and save and except that the petitioner was found running away seeing the police party, there is nothing to connect him with the recovered items It is urged that the petitioner has remained in custody since 4.08.2017,i.e., for about three months and twenty days. It is claimed that his antecedent is clean. Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.54182 of 2017(2) dt.23-11-2017 2/2 petitioner, above-named, is directed to be released 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 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Forbesganj P.S. Case No. 605/2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Dr. Ravi Ranjan, J) V.K.Pandey/- U T