Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29063 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Santosh Yadav Son of late Shivji Yadav Resident of Village- Mura, P.S. Dinara, District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Dinara PS case no. 106 of 2017 registered for the offences punishable under Sections 272, 273, 290, 504/34 of Indian Penal Code, Section 30(C) of Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a/26 Arms Act.

The prosecution case in brief is that on the alleged date of occurrence, while the police personnel were on patrolling duty and when they reached near main gate of the Dinara Block office, they got information that some persons had assembled in front of the clinic of Doctor Vijay Kumar and they were creating nuisance, being in drunken condition. The police is said to have reached the place of occurrence and arrested the petitioner, who

Patna High Court Cr.Misc. No.29063 of 2017 (2) dt.01-07-2017 2/2 was in drunken condition and recovered two live cartridges from his pocket.

Learned counsel for the petitioner submits that the petitioner is innocent having no criminal antecedent and he is in custody since 22.04.2017. Learned counsel for the petitioner further submits that neither any wine/ liquor has been recovered from the possession of the petitioner nor the police has got conducted any test on the petitioner to prove the factum of the petitioner being in drunken condition.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner 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 Addl. Sessions Judge II-cum- Special Judge Excise, Rohtas at Sasaram in connection with Dinara PS case no. 106 of 2017.

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