Yogi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5813 of 2018 Arising Out of PS. Case No.-672 Year-2017 Thana- KAHALGAON District- Bhagalpur ====================================================== Yogi Yadav S/o Sahdeo Yadav, R/o Makashpur, P.S.- Kahalgaon, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. NAWAL KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2018 A supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Counsel for the petitioner is permitted to make necessary correction in para 3 of the petition in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 188, 290 of the I.P.C. and Sections 30(a)(d), 37(c),(d) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case, in short, is that 8 liters wine is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2017. Charge sheet/prosecution report has been submitted in this case. There

Patna High Court Cr.Misc. No.5813 of 2018(3) dt.17-02-2018 2/2 is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 8 liters wine is recovered from the petitioner while he was standing by the side of the road. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhagalpur in connection with Kahalgaon P.S. case No.672 of 2017.

(Sudhir Singh, J) Narendra/- U T