Kamlesh Yadav @ Bigan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64939 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Kamlesh Yadav @ Bigan Yadav, Son of Chanda Yadav @ Chandar @ Ramchandra Yadav, Resident of Village - Sikandarpur, P.S.- Paraiya and Distt - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Arvind Kumar Pandey, APP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This is an application for grant of anticipatory bail in connection with Paraiya P. S. Case No. 121 of 2019, disclosing offences under Sections 279, 337 and 338 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R. the villagers have caught hold miscreants of motorcycle rider and there was recovery of 15 liters of illicit liquor from the motorcycle and one person caught hold by the villagers and reported to the police and apprehended person has disclosed the name of the petitioner, who succeeded in fleeing away.
Submission of the learned counsel for the petitioner is that neither the motorcycle belongs to the petitioner nor he was present there and except the confessional statement of the coaccused, there is nothing against him. He has no criminal
Patna High Court CR. MISC. No.64939 of 2019(2) dt.18-10-2019 2/2 antecedent.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Special Judge (Excise Act), Gaya, in connection with Paraiya P. S. Case No. 121 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T