← Library
Patna High CourtCR. MISC./6181/2018bail granted

Kari Yadav And ANR v. The State Of Bihar

2018-02-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6181 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- UDAKISHANGANJ DistrictMadhepura ======================================================

1. Kari Yadav, Son of Ramchandra Yadav,

2. Guresh Yadav, Son of Lalan Yadav, Both resident of Jhanjhari, Police Station- Gwalpara, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Surya Narayan Yadav For the Opposite Party/s :

Mr. UMANATH MISHRA ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 457 of the I.P.C. and Sections 37(b) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that on 30.10.2017 at 22.30 night the informant received an information by mobile that two persons entered in the house of Anita Devi in drunken state. It has been submitted on behalf of the petitioners that the petitioners are in custody since 31.10.2017 and have got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. It is alleged that the

Patna High Court Cr.Misc. No.6181 of 2018(2) dt.17-02-2018 2/2 petitioners in drunken state had entered into the house of Anita Devi. Anita Devi had made no such complaint against the petitioners for committing such an act. There is no recovery of any liquor from the possession of the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Udakishunganj (Madhepura) in connection with Udakishunganj P.S. case No.173 of 2017.

(Sudhir Singh, J) Narendra/- U T