Patna High CourtCR. MISC./77256/2019bail granted

Upendra Yadav v. The State Of Bihar

2019-12-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77256 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- MADHWAPUR District- Madhubani ====================================================== Upendra Yadav, Son of Late Mahabir Yadav, Resident of Village- Durgapatti, P.S.- Madhwapur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.11.2019 in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the ridge of the homestead land of the petitioner, 141 litres of Nepali country made liquor was recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from an open area 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

Patna High Court CR. MISC. No.77256 of 2019(2) dt.04-12-2019 2/2 from the homestead land of the petitioner.

Considering the fact that the recovery has been made from an open area and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, 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 Additional Sessions Judge 2nd cum Special Judge, Excise Act, Madhubani in connection with Madhawapur P.S. Case No. 56 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T