Patna High CourtCR. MISC./48225/2016bail granted

Ajay Yadav v. The State Of Bihar

2016-12-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48225 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Ajay Yadav, Son of Jago Yadav, resident of Village- Hajipur, P.S.- Sirdala, District- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mrs. Manisha Prakash, Advocate For the Opposite Party : Mr. Sri Ahmad Ali (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for State.

The petitioner prays for anticipatory bail in connection with G.O. case no. 43 of 2016 registered for the offences punishable under Sections 47(a) and (F) of Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of petitioner that 20 ltrs. of illicit liquor and 300 kg of Jawa Mahua have been recovered but not from the possession of petitioner. It also appears from seizure list that some quantity of Jawa mahua were damaged due to the damage of polythene bag.

Heard learned A.P.P also.

Patna High Court Cr.Misc. No.48225 of 2016 (2) dt.16-12-2016 2/2 Having heard both sides and considering the fact that there is no compliance of Section 100 of the Code of Criminal Procedure, the case has been lodged after inordinate delay and that the seizure list creates the suspicion about the seized article, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with G.O. case no. 43 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J.) rinkee/- U T