Kaila Yadav @ Shiv Kumar Yadav @Kail Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31652 of 2017 Arising Out of PS.Case No. -455 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Kaila Yadav @ Shiv Kumar Yadav @Kail Yadav, son of Ramnarayan Yadav, resident of village Madahi, P.S. Bihta, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in connection with Special Case No. 320 of 2017, arising out of Bihta P.S. Case No. 455 of 2016 registered for the offence punishable under Sections 47, 50(C ) and 51 of the Bihar Excise Act.
The prosecution case is that the police on secret information raided the place where some persons were preparing Mahua wine and apprehended one Vinay Rai @ Vinay Ram, who disclosed the name of the petitioner and his other accomplice. It has been submitted by the learned counsel for the petitioner that he is innocent, not apprehended by the police at the spot, nothing incriminating has been recovered from his
Patna High Court Cr.Misc. No.31652 of 2017 (2) dt.12-07-2017 2/2 possession and that apprehended accused Vinay Rai @ Vinay Ram has already been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 47958 of 2016 on 30.11.2016.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the aforesaid facts and submissions, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 320 of 2017, arising out of Bihta P.S. Case No. 455 of 2016. (Nilu Agrawal, J.) Arjun/- U T