← Library
Patna High CourtCR. MISC./60728/2017bail granted

Upendra Yadav v. The State Of Bihar

2017-12-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60728 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -NAUTAN District- SIWAN ====================================================== Upendra Yadav, Son of Indrashan Choudhary, resident of VillageMajhawan, Sarabe, P.S.- Siwan Mufassil, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the State : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

At the outset, learned counsel for the petitioner submits that on account of inadvertence, the offences under which the petitioner has been booked, has been wrongly typed, thus he prays for making correction of the same.

The learned counsel for the petitioner is permitted to make corrections during the course of the day. The petitioner seeks regular bail in connection with Nautan P.S. Case No. 54 of 2017 instituted for the offences under Sections 272, 273, 308 and 34 of the Indian Penal Code and Sections 30 and 38 of the Bihar Excise Act, 2016. The allegation in the present case is regarding recovery of

Patna High Court Cr.Misc. No.60728 of 2017 (2) dt.21-12-2017 2/2 country made liquor and foreign liquor from the possession of the accused persons.

The learned counsel for the petitioner submits that the petitioner has been falsely roped in, he is in custody since 26.08.2017 and as far as his antecedent is concerned, he is accused in two other cases of same and similar allegations. Considering the nature of accusation and the period of custody already undergone by him, I direct the petitioner named above to be released on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge (Excise), Siwan in connection with Nautan P.S. Case No. 54 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T