Prabhu Nath Chaudhary @ Prabhu Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3617 of 2018 Arising Out of PS.Case No. -525 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. PRABHU NATH CHAUDHARY @ PRABHU NATH YADAV S/o Bunilal Chaudhary R/o Village Kairatal, PS Siwan Muffasil, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Muffasil P.S.Case no.525/2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code. The petitioner is named in the FIR and it is said that there is recovery of 50 ltrs. of liquor, however, submission of the learned counsel for the petitioner is that there is no recovery from the possession of the petitioner rather from the 'Chor' and the petitioner has no criminal antecedent though he is accused in one more case but the final form has been submitted not finding the case true against him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.3617 of 2018 (2) dt.01-02-2018 2/2 circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 2nd, Siwan in connection with Siwan Muffasil P.S.Case no.525 of 2017 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond. (Vinod Kumar Sinha, J) chn/- U T