Kishundeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55467 of 2017 Arising Out of PS. Case No.-165 Year-2017 Thana- ANDER District- Siwan ====================================================== Kishundeo Yadav son of late Budhan Yadav, resident of village-Sultanpur Dahabari, Police Station Ander, District-Siwan. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Ajay Kumar Tiwary, learned counsel for the petitioner and Sri Shyam Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 06.09.2017 in Ander P.S. Case No.165 of 2017 registered for the offence under Sections 272, 273,308 of the Indian Penal Code and Section30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that since earlier the petitioner was made accused in one case relating to excise offence, this time the petitioner has falsely been implicated on accusation that one motorcycle, which was lying outside the house of the petitioner, there were two bags of Indian Make Foreign Liquor, total weighing 14 liters 40 ml. It

Patna High Court Cr.Misc. No.55467 of 2017(2) dt.17-11-2017 2/2 has been argued that the petitioner was having no connection with the seized liquor and he has maliciously been made accused. Beside this, the petitioner has sufficiently remained in custody.

Considering the nature of accusation as well as the period of custody, let the petitioner, namely, Kishundeo Yadav be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 2nd cum- Special Judge(Excise), Siwan in connection with Ander P.S. Case No.165 of 2017.

(Rakesh Kumar, J) nawalkrs/- U T