Awadhesh Yadav @ Tamatara @ Tamatar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4843 of 2020 Arising Out of PS. Case No.-391 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Awadhesh Yadav @ Tamatara @ Tamatar Yadav, Son of Radhe Yadav, Resident of Village - Bhaur, P.S.- Rajauli, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 391 of 2019, registered under Sections 30(a)(c)(d), 41 and 56 of the Bihar Excise Act, 2016. The accusation is that in course of patrolling duty, asbestos house of Bali Mushar situated near the house of petitioner was searched, from where, four persons were found packing the illicit liquor. On seeing the police party, all started to flee away, but on chased, three persons were apprehended while one persons succeeded to flee away. The apprehended persons disclosed the name of Awadhesh Yadav (petitioner), who succeeded to flee away. On search, 350 pouches each

Patna High Court CR. MISC. No.4843 of 2020(2) dt.10-06-2020 2/2 containing 200 ml country made liquor, packing machine and other materials were recovered form the Asbestos house of Bali Mushar.

Learned counsel for the petitioner submits that it would appear from the FIR that petitioner was not apprehended at the spot, in fact, petitioner is accused in Rajauli P.S. Case No. 91 of 2017, similar nature of case, due to that reason he has been implicated in the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Rajauli P.S. Case No. 391 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T