Suresh Kumar @ Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6665 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- BIHRA District- Saharsa ====================================================== SURESH KUMAR @ SURESH YADAV Son of Gorelal Yadav, Resident of Village- Padampur, P.S.- Bihra, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Bihra P.S. Case No.173 of 2019 registered under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act.

The police found a pick up van parked near the rice mill godown of the petitioner and 1070 litres of liquor was recovered from the pick up van.

Learned counsel for the petitioner submits that the vehicle was parked near the rice mill godown of the petitioner. The seizure was made in the night. Arvind Yadav is said to have fled away from the vehicle has already been granted anticipatory bail vide order passed in Cr.Misc.No.697 of 2020 by a coordinate bench of this court. Arun Choudhary, who is said to be the owner of the liquor has already been granted

Patna High Court CR. MISC. No.6665 of 2020(2) dt.11-06-2020 2/2 anticipatory bail.

Having considered the facts that the petitioner is the owner of the rice mill and the vehicle from which liquor was recovered was parked near the rice mill godown of the petitioner does not mean that the petitioner is in any way concerned with the vehicle parked in the night, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge (Excise), Saharsa in connection with Bihra P.S. Case No.173 of 2019 corresponding to Special (Excise) Case No.760 of 2019, subject to conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T