Shyamu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10230 of 2017 Arising Out of PS.Case No. -188 Year- 2016 Thana -PANCHRUKHI District- SIWAN ====================================================== Shyamu Yadav, S/o Late Shiv Bachan Yadav, Resident of Village- Mauli Ke Batahan, P.S.- Sarai, O.P. District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Pachrukhi (Sarai) P. S. Case No. 188 of 2016 registered for the offences punishable under Sections 30/33 of the Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of the petitioner that nothing has been recovered from the possession or house of the petitioner. The petitioner has clean antecedent. From the F.I.R. itself it appears that five persons assembled there and in a bag there was recovery of 07 bottles of liquor which does not show that it has been recovered from the possession of any particular person.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts stated above, the petitioner above named, in the event of his arrest

Patna High Court Cr.Misc. No.10230 of 2017 (2) dt.20-03-2017 2/2 or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Pachrukhi (Sarai) P.S. Case No. 188 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) Both the bailors of the petitioner shall be local persons having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner shall co-operate in the investigation and assist the police and make himself available as and when required by the police. (iii) If any further incriminating material comes against him during the course of investigation, the prosecution will be at liberty to move for cancellation of the bail bonds of the petitioner.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) S.Pandey/- U T