Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.814 of 2020 Arising Out of PS. Case No.-686 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== Nagendra Yadav, Male, aged about 20 years, S/o Late Krishna Yadav R/o village- Laxmipur, P.S.- Town, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Aprajita, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 686 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that there is recovery of 768.960 liters of foreign liquor from the Pipal tree. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner and the petitioner has got no criminal antecedent. He further submits that the petitioner has no concern with the alleged liquor recovered from the motorcycle. The petitioner

Patna High Court CR. MISC. No.814 of 2020(2) dt.25-02-2020 2/2 has been made accused on suspicion.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to deposit of Rs.25,000/- (twenty five thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release him on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of A.D.J.2nd cum Special Judge, Excise Act, District- Siwan in connection with Town P.S. Case No.686 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T