Patna High CourtCR. MISC./2070/2017bail granted

Daya Lal Yadav v. The State Of Bihar

2017-01-31Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2070 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -LAUKHI District- MADHUBANI ====================================================== Daya Lal Yadav, Son of Late Gangai Yadav, Resident of Village- Nahar Chowk Atari, Police Station- Laukahi, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. A. Mohan. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Laukahi P.S. Case no.155 of 2016, registered under Sections 272, 273 of the Indian Penal Code and Section 47(a), 54 Bihar Excise Amendment Act, 2016.

The accusation is that on receiving secret information about keeping of Nepali liquor in village Nagarchowk (Atari) by the petitioner. The Police reached there and recovered 4 bags containing 327 plastic bottles, each containing 300 ML Nepali liquor from the bush situated near the house of the petitioner.

Learned counsel for the petitioner submits that the alleged Nepali liquor has not been recovered from the house of

Patna High Court Cr.Misc. No.2070 of 2017 (2) dt.31-01-2017 2/2 the petitioner, rather the said liquor was recovered from the bush. Further submission is that petitioner is accused in five other cases, as detailed in para-03 of the petition, due to that reason the petitioner has also been implicated in the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No.155 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T