Patna High CourtCR. MISC./949/2017bail granted

Gautam Yadav v. The State Of Bihar

2017-01-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.949 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Gautam Yadav, S/o Kailash Yadav, Resident of Village- Baburahi, P.S.- Sahebpur Kamal, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2017 The petitioner is apprehending his arrest in connection with Sahebpur Kamal P.S. Case No. 115 of 2016, registered for offences punishable under Sections 47(a) Bihar Excise Amendment Act, 2016.

It has been submitted on behalf of the petitioner that though the petitioner has been named in the F.I.R but nothing has been recovered from the conscious possession of the petitioner and further the vehicle from which the alleged liquor has been seized did not belong to the petitioner rather the same belonged to one Sanjay Sah. The petitioner is having no criminal antecedent. Learned A.P.P. opposed the prayer of bail.

Having heard both sides, in view of the fact that there is no recovery from the conscious possession of the petitioner and

Patna High Court Cr.Misc. No.949 of 2017 (2) dt.18-01-2017 2/2 also the vehicle from which alleged recovery has been made does not belong to the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of ACJM, Begusarai in connection with Sahebpur Kamal P.S. Case No. 115 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is further subject to the condition that the petitioner shall cooperate in the investigation and make himself available as and when required by the police.

(Vinod Kumar Sinha, J) sunil/- U