Nirdosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16448 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- KHAJEKALA District- Patna ====================================================== Nirdosh Yadav S/o Sudama Yadav @ Sachidanand Rai Resident of VillageMithanghat, Police Station- Khajekalan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 400 litres of country made liquor from the Mitan Ghat near Ganga river. The

Patna High Court CR. MISC. No.16448 of 2021(2) dt.09-12-2021 2/3 petitioner and others are alleged to have fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that nothing has been recovered from the conscious possession of the petitioner. The petitioner was not apprehended from the spot. The seizure list itself shows that recovery has been made from Mitan Ghat near Ganga river. Moreover, similarly situated coaccused person has been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 21.06.2021 passed in Cr. Misc. No. 14924 of 2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.16448 of 2021(2) dt.09-12-2021 3/3 satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 3062 of 2020, arising out of Khajekalan P.S. Case No. 127 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T