Patna High CourtCR. MISC./2968/2019allowed

Sushil Kumar Yadav v. The State Of Bihar

2019-01-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2968 of 2019 Arising Out of PS. Case No.-286 Year-2018 Thana- JOKIHAT District- Araria ====================================================== Sushil Kumar Yadav Son of Shivnarayan Yadav, Resident of VillageBangama, Ward No. 13, P.S.- Araria, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Jokihat P.S. Case No. 286 of 2018 (Special case No. 1146/18) for the offence under Sections 272, 273/34 of the Indian Penal Code and Sections 30 (a), 38 (i) of Bihar Prohibition and Excise (Amendment) Act 2016.

Learned counsel for the petitioner submits that in past similar such allegation had levelled against this petitioner. He further submits that in the instant case 24.840 liters liquor has been seized. He further submits that petitioner was not arrested at the spot and his named surfaced on the confession of accused who was apprehended at the spot. Learned counsel for the petitioner further submits that petitioner is in custody since 25.10.2018.

Patna High Court Cr.Misc. No.2968 of 2019(2) dt.23-01-2019 2/2 Considering the aforesaid, let the petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction learned 2nd Additional Sessions Judge cum Special Judge, Araria in connection with Jokihat P.S. Case No. 286 of 2018 (Special case No. 1146/18), subject to the conditions that one of the bailor should be elected representative and other should be government employee. (Anil Kumar Upadhyay, J) T.Kr./- U T