Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56320 of 2017 Arising Out of PS. Case No.-511 Year-2016 Thana- WAJIRGANJ District- Gaya ====================================================== Dharmendar Yadav , son of Musafir Yadav, resident of Village- Surhni, P.S.- Wazirganj, in the District of Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-12-2017 Heard Sri Braj Nandan Kumar Tiwary, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 28/8/2017 in Wazirganj P.S. Case No. 511 of 2016, G.R. No. 7393 of 2016 registered for the offence under Section 272, 273 and 290 of the Indian Penal Code, 1860 and section 30(a) of the Bihar Prohibition And Excise Act , 2016, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that nothing was recovered either from conscious possession of the petitioner or from petitioner's house or land, rather in the case recovery of huge quantity of about 70 liters of country made liquor was shown from a government land and petitioner along with others were named as accused as if petitioner after seeing

Patna High Court Cr.Misc. No.56320 of 2017(2) dt.04-12-2017 2/2 the police party had fled away, however petitioner subsequently surrendered and since then he is in custody.

Considering the nature of accusation, the fact that nothing has been recovered from the house or land of the petitioner as well as period of custody, let the petitioner Dharmendar Yadav be enlarged on 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 Special Judge, Excise, Gaya / concerned court in connection with Wazirganj P.S. Case No. 511 of 2016 , G.R. No. 7393 of 2016 .

(Rakesh Kumar, J) praful/- U T