Surendra Yadav @ Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69381 of 2019 Arising Out of PS. Case No.-483 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Surendra Yadav @ Surendra Singh Son of Late Sachchidanand Yadav Resident of Village- Bhaluhipur, Ward No. 32, P.S.- Ara Town, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 23.09.2019 in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016 and Sections 25(1-B)a/26/35 of the Arms Act.

It is alleged that from the joint family house of the petitioner, cash amount of Rs.20,662/-, one country made pistol and 190.880 litres of illicit Indian Made Foreign Liquors were recovered. It is specifically alleged that from the house of the petitioner, 27.500 litres of illicit Indian Made Foreign Liquors were recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.69381 of 2019(2) dt.27-11-2019 2/2 that recovery has been made from the joint family house and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the joint family house but also from the house of the petitioner.

Considering the fact that the recovery has been made from the joint family house of the petitioner coupled with the fact that petitioner is not having any criminal antecedent and period under custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge -cum- Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1921 of 2019, arising out of Ara Town P.S. Case No. 483 of 2019. (Dinesh Kumar Singh, J) DKS/- U T