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Patna High CourtCR. MISC./68241/2019bail granted

Arun Yadav v. The State Of Bihar

2019-11-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68241 of 2019 Arising Out of PS. Case No.-43 Year-2017 Thana- FULKAHA District- Araria ====================================================== ARUN YADAV Son of Sushil Yadav Resident of Village - Kouaa Ken, P.S. - Deviganj, Dist.- Sunsari (Nepal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Fulkaha P.S. Case No. 43/2017 registered under Section 272, 273, 34 of the Indian Penal Code.

The accusation is that in course of checking of the vehicle one motorcycle was seen on which three persons were seen with a plastic sac. The motorcycle rider tried to move in speed but one person sat on seat fell down with sac. On search 20 bottles of illecit Nepali wine each of 300 ml. and 35 pouches each of 180 ml. Total 6.3 litres recovered. He disclosed his name Isamuddin and also disclosed the name of Shankar Yadav and Arun Yadav who succeeded to flee away with motorcycle. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.68241 of 2019(2) dt.18-11-2019 2/2 petitioner was not apprehended spot rather his name has come in confessional statement of co-accused Md. Hasimuddin. Petitioner has got no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Second Additional Sessions Judge cum Special Judge, Araria in connection with Fulkaha P.S. Case No. 43/2017 corresponding to Special Case No.1728/2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Prakash Narayan /- U T