Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54699 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -SONO District- JAMUI ====================================================== Amar Yadav, Son of late Kauleshwar Rai, Resident of Village-Natha Chhapra, P.S. Dariyapur, Dist.Saran (Chhapra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 26.08.2016 in connection with Sono P.S. Case No. 123/16 for offences punishable under Sections 47(A)(F) of the Bihar Excise (Amendment) Act and Sections 272, 273 of the Indian Penal Code.

The prosecution case is that on secret information police party intercepted a black colour Bolero vehicle and apprehended the driver and from the Bolero vehicle about 198 litres of foreign liquor was confiscated. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.54699 of 2016 (2) dt.23-12-2016 2/2 the petitioner that he is innocent just the driver of the vehicle, has no criminal history and nothing has been recovered from his conscious possession, in fact, the vehicle and the liquor belong to one Munna Singh and he had no concern with the alleged confiscated liquor. It is submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted, let petitioner, above named, be enlarged 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. Chief Judicial Magistrate, Jamui, in connection with Sono P.S. Case No. 123/16.

(Nilu Agrawal, J.) Rajesh/- U T