Patna High CourtCR. MISC./45750/2016bail granted

Dasarath Yadav And ANR v. The State Of Bihar

2016-10-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45750 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -ANDER District- SIWAN ======================================================

1. Dasarath Yadav S/o Raghunath Yadav, resident of Village- Kurmauli, P.S. Guthani, District- Siwan.

2. Dharmendra Kushwaha S/o Late Brij Kishore Kushwaha, R/o VillageDarayula, P.S.- Guthani, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

25-10-2016 Heard Sri Gajendra Kumar Singh, learned counsel for petitioners and learned Addl. Public Prosecutor. Two petitioners, who are in custody since 28-08-2016 in Ander P.S. Case No. 101 of 2016 registered for offence under Sections 272, 273, 308, 34 of the Indian Penal Code and Section 47 of the Bihar Excise (Amendment) Act, 2016, have prayed for grant of bail.

By way of referring to statement made in paragraph - 3 of the petition, it was submitted by learned counsel for the petitioners that petitioners are having clean antecedent and they have falsely been implicated in the present case. However, learned Addl. Public Prosecutor, opposing

Patna High Court Cr.Misc. No.45750 of 2016 (2) dt.25-10-2016 2/2 the prayer for bail, submits that huge quantity of Indian-make foreign liquor has been recovered from the vehicle, on which, petitioners were travelling.

Keeping in view the nature of accusation, period of custody and clean antecedent of petitioners, let both the petitioners namely Dasarath Yadav and Dharmendar Kushwaha be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Ander P.S. Case No. 101 of 2016.

(Rakesh Kumar, J.) Anay U T