Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73076 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- KORHA District- Katihar ====================================================== 1.
SHANKAR YADAV, aged about 32 years, Male, Son of Kailash Yadav, R/O- Kuriya, P.S.- Barari, Distt.- Katihar 2.
Amit Kumar, aged about 30 years, Male, Son of Avdhesh Prasad Singh @ Avdhesh Mehta, R/O- Jhitkiya, P.S.- Barari, Distt.- Katihar ... Petitioners
Versus
The State of Bihar ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar Singh, Adv.
For the Opposite Parties :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek bail in connection with Korha P.S. Case No. 387 of 2019, registered under Sections 419, 420 and 34 of the Indian Penal Code, 8(1)(i) of the Prevention of Corruption Act, 1988, and 30(a) and 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The accusation is that on receiving secret information about carrying the liquor by pick-up van, bearing registration no. BR-11GC-4493, in village Sirkiya, the informant, along with other police personnel, reached near canal, situated in village Sirkiya, then, a while colour Bolero pick-up van was seen. On seeing the police party, driver of the pick-up van tried to flee
Patna High Court CR. MISC. No.73076 of 2019(3) dt.06-03-2020 2/2 away, but, he was apprehended, who disclosed his name Shankar Yadav (petitioner no. 1) and he also disclosed that he used to supply the liquor on instruction of Amit Kumar (petitioner no. 2) and they were carrying the same from Bengal. At that time, petitioner no. 2 also reached there and on seeing the police party started to flee away, but, he was also apprehended. On search of pick-up van, several bottles of different brands of liquor in volume 3370.260 liters recovered. Submission is that both the petitioners have no criminal antecedent and are in custody since 27.09.2019 and the police, in investigation, has already submitted the charge sheet. Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Korha P.S. Case No. 387 of 2019 to the satisfaction of the Additional Sessions Judge II-cum-Special Judge, Excise, Katihar.
(Rajendra Kumar Mishra, J) Shamshad/- U T