Allowed

Sonelal Kumar Yadav v. The State Of Bihar

Patna HC30 Oct 2018CR. MISC./66173/2018

Case brief

AI extract

What is this about?

In Criminal Miscellaneous No. 66173 of 2018, the Patna High Court granted anticipatory bail to the petitioner, who was apprehending arrest underSections 272, 273 IPC and Bihar Prohibition and Excise Act charges, directing surrender within six weeks subject to bail bonds and conditions under Section 438(2) CrPC.

What did the court decide?

Petitioner granted anticipatory bail subject to surrender within six weeks and furnishing bail bonds of Rs. 10,000/- with two sureties.

Sonelal Kumar Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.66173 of 2018

¶2

Arising Out of PS. Case No.-36 Year-2018 Thana- GOVINDGANJ District- East Champaran

¶3

======================================================

¶4

Sonelal Kumar Yadav son of Durga Yadav, resident of village Jaga Pakad, P.S. Harsidhi, District East Champaran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt Indu Kumari Srivastava ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

¶11

2 30-10-2018

¶12

Heard learned counsel for the petitioner and learned

¶13

APP for the State.

¶14

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of the I.P.C. and Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise Act, 2016.

¶15

The prosecution case, in short, is that 426 liters wine is recovered.

¶16

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has transpired on the confessional statement of co-accused Vijay Singh. Except for this, there is no other substantive evidence to suggest the

¶17

Patna High Court Cr.Misc. No.66173 of 2018(2) dt.30-10-2018 2/2

¶18

implication of the petitioner in this case. It is alleged that 426 liters wine is recovered from the Magic van. The Magic van in question does not belong to the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

¶19

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

¶20

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 7^th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Govindganj (Areraj) P.S. case No.36 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

¶21

(Sudhir Singh, J)

¶22

Narendra/-

¶23

U T

Sonelal Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sonelal Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Aayas and Anr. Vs The State Of Bihar

Manish Kumar Vs The State Of Bihar

Suresh Mandal Vs The State Of Bihar

Deepak Kumar and Anr. Vs The State Of Bihar

Vikash Kumar Vs The State Of Bihar

Sanoj Yadav @ Bhula Yadav Vs The State Of Bihar