Bhola Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34018 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -BAUSI District- PURNIA ======================================================
1. Bhola Yadav Son of Sri Lal Yadav Resident of Village - Gehuwa, P.S.- Dagaruwa, District -Purnea
2. Muswa Mahaldar Son of Late Tingnu Mahaldar, Resident of Village - Sarbaziya Beriya Tola, P.S.- Baisi, District - Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Baisi Police Station Case No. 30 of 2014 registered for the offences punishable under Sections 47(A) of the Excise Act. Admittedly, the alleged recovery was made by activist of woman organization and not either the police or by the Excise officials. Further more, the motorcycle was seized in front of house of the petitioner no. 2 and admittedly, police did not seize the country made liquor from the seized motor cycle. Petitioners do not have any criminal antecedent Accordingly, it is ordered that petitioners, in the event
Patna High Court Cr.Misc. No.34018 of 2014 (2) dt.16-02-2015 2/2 of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, II, Purnea in Baisi Police Station Case no. 30 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Namita/- U