Ram Pravesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.11343 of 2017 (2) dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11343 of 2017 Arising Out of PS.Case No. -22 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ====================================================== Ram Pravesh Yadav Son of Lal Bihari Yadav Resident of Village - Madhopur Chautha, P.S. Madanpur, District Aurangabad. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Excise Case No. 22 of 2012 registered for the offence punishable under Section 47 (A) of the Excise Act.

Allegedly, acting on a tip off that Vidya Sagar Singh @ Babloo Singh has kept illegal wine in the house of the petitioner wherein Don Public School is running and accordingly, raid was conducted and from 3rd room of left side 200 liters spurious country made liquor was recovered.

Submission is of false implication and that the petitioner is the resident of village Madhopur Chautha, he has got no house wherein Don Public School is running, the petitioner has got clean antecedent, he has got no concern with the alleged

Patna High Court Cr.Misc. No.11343 of 2017 (2) dt.20-03-2017 recovery. The petitioner has got no concern with the house in question or from that wine. The petitioner came to know about the case recently when vide order dated 17.08.2016 non-bailable warrant has been issued and as such the petitioner deserves sympathetic consideration.

Learned APP submits that this is a case of the year 2012.

In the facts and circumstances stated above, considering the submission that the house in question from where alleged recovery has been made does not belong either to the petitioner or his family members, the petitioner above named, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Aurangabad in connection with Excise Case No. 22 of 2012, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T