In bail application before Patna High Court, the court enlarged the petitioners on bail, requiring a bond and sureties for offences under IPC and Bihar Prohibition and Excise Act.
Petitioners to be enlarged on bail upon furnishing bail bond of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 58697 of 2018
Arising Out of PS. Case No.-32 Year-2018 Thana- Fatehpur District- Gaya
====================================================== 1. Devnandan Yadav @ Devnandan Prasad, S/o Ramji Yadav, Resident of Village- Bardiha, P.S.- Tenkupa, District- Gaya. 2. Satendra Yadav, S/o Suresh Gope, Resident of VillageFatehpur, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2. 20-09-2018
Heard Sri Ravindra Kumar Sinha, learned counsel for the petitioners and Sri Binod Kumar No. 3, learned Addl. Public Prosecutor.
Two petitioners, apprehending their arrest in Fatehpur P.S. Case No. 32 of 2018 registered for offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.
At the very outset, learned counsel for the petitioners has drawn my attention to statement made in paragraph – 3 of the petition to show that petitioners are having clean antecedent. It has also been argued that petitioners have been made accused on an accusation, as if, after noticing the police, they, leaving
Patna High Court Cr.Misc. No.58697 of 2018(2) dt.20-09-2018 2/2
their motorcycle, fled away and from that motorcycle, there was recovery of about 20 liters of mahua liquor. It has been emphatically argued that said motorcycle was not belonging to the petitioners.
Considering the nature of accusation as well as clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let aforesaid two petitioners namely Devnandan Yadav @ Devnandan Prasad and Satendra Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Fatehpur P.S. Case No. 32 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rakesh Kumar, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to the petitioners apprehending arrest in an excise offence case?
4 provisions across 3 enactments
Devnandan Yadav @ Devnandan Prasad
Satendra Yadav
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
