Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69414 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Rahul Yadav, Son of Nandu Yadav Nandji, Resident of Village- Pipra Kanak, P.S.- Tarkulwa, District- Deoria (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mairwa P.S. Case No. 258 of 2018 for the offenses punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Sections 30, 38 and 41of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 13.760 ml. Of illicit liquor from a car and the petitioner was apprehended while fleeing away.

The learned counsel for the petitioner has submitted that the petitioner has got nothing to do with the alleged illicit liquor recovered by the Police and in fact a supplementary affidavit has also been filed in the instant case wherein in paragraph no. 2 it has been stated that the vehicle from which

Patna High Court Cr.Misc. No.69414 of 2018(3) dt.11-12-2018 2/2 the illicit liquor was recovered does not belong to the petitioner. The petitioner is stated to be languishing in custody since 08.07.2018 and is having a clean antecedent.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge,2nd-cumSpecial Judge, Excise, Siwan in connection with Mairwa P.S. Case No. 258 of 2018.

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