IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11367 of 2011
YOGENDRA YADAV @ YOGENDRA SINGH.
Versus
THE STATE OF BIHAR
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2. 28.04.2011. Heard the learned counsels for the
petitioner and the State.
The petitioner is apprehending his
arrest in a case registered under Sections
272, 273, 290 of the Indian Penal Code and
Section 47(A) of the Excise Act.
35 liters illicit country made
Mahuwa wine, Jawa Mahuwa of 18 quintals and
apparatus for preparing of country made wine
were recovered from the petitioner.
It has been submitted by the learned
counsel for the petitioner that the recovery
has been made from an orchard which is not
of the petitioner. The petitioner has not
been arrested from the place of seizure.
It appears from the prosecution
report that the seizure was made on
17.02.2011 whereas the prosecution report
was transmitted to the learned C. J. M.,
Rohtas at Sasaram on 21.02.2011 and such
delayed transmission of the prosecution
report clouds the bonafide of accusation. It
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is submitted by the learned counsel for the
petitioner that the petitioner has never
been involved in similar nature of offence.
Considering the aforesaid facts, let
the petitioner, above named, be released on
bail in the event of arrest or surrender
before the learned court below within a
period of twelve weeks from today in
connection with Akorhigola P.S. Case No. 12
of 2011 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) with two sureties
of the like amount each to the satisfaction
of the learned C.J.M. Rohtas at Sasaram,
subject to the conditions as laid down under
Section 438(2) of the Code of Criminal
Procedure.
U. K. ( Dinesh Kumar Singh, J)