Nagendra Yadav @ Nagendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10551 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -PANDAUL District- MADHUBANI ======================================================
1. NAGENDRA YADAV @ NAGENDRA KUMAR YADAV, Son of Malhu Yadav, Resident of Village- Belahi, P.S.- Pandaul, DistrictMadhubani. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Pandaul P.S. Case No.200 of 2017 registered for the offence punishable under Sections 341, 323, 342, 379, 504, 506, 34 of the Indian Penal Code and 36(a) Bihar Prohibition and Excise Act, 2016.
The allegation is regarding the informant, after having assumed illicit liquor, assaulting the informant side. It is further alleged that 750 ml of the illicit liquor was recovered from a motorcycle standing at the place of occurrence. The learned counsel for the petitioner submits that neither the motorcycle belongs to him nor there is any recovery
Patna High Court Cr.Misc. No.10551 of 2018 (2) dt.27-02-2018 2/2 from the possession of the petitioner. It is further submitted that the allegation of assault is also false inasmuch as there is no injury report on record.
Considering the nature of accusation and the fact that, prima facie, no case is made out for the offences punishable under the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II cum Special Judge, Excise Act, Madhubani in connection with Pandaul P. S. Case No.200 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) N.H./- U T