Yogendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68060 of 2019 Arising Out of PS. Case No.-532 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== YOGENDRA SINGH, Aged about 50 years, Male, Son of Late Guljar Singh, Resident of Village- Tukauliya Boring Chauk, P.S.- Turkauliya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-11-2019 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. Case No.532 of 2019, registered under Sections 272, 273 and 34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant alleged that seeing the police, three persons started fleeing away but one Krishna Sah was apprehended and from his possession 4 litres country made liquor was recovered. Krishna Sah is said to have disclosed the name of the petitioner and his son.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. Before making disclosure by Krishna Sah, the informant named

Patna High Court CR. MISC. No.68060 of 2019(2) dt.05-11-2019 2/2 the petitioner as the person who started fleeing away but the informant did not disclose that the petitioner was fleeing away having any bag in his hand.

Taking into consideration the facts and the nature of allegation made against the petitioner and the fact that nothing has been recovered from possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in connection with Turkauliya P.S. Case No.532 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T