Gajadhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4988 of 2020 Arising Out of PS. Case No.-290 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== GAJADHAR YADAV Gajadhar Yadav Resident of Village - Netlal Bigha, P.S.- Fesar, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== 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 through video conferencing. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No. 290 of 2019, registered under Sections 30(a), 30(b), 30(c) and 30(d) of the Bihar Prohibition and Excise Act.

The accusation is that on receiving secret information about storing and selling of liquor in the Khalihan of Gajadhar Yadav (Petitioner) in village-Netlal Bigha, the informant along with other Police personnel reached there. On seeing the Police vehicle, three persons started fleeing, but, on chase, two persons were apprehended, who disclosed their names Anil Kumar and Jitendra Kumar. On search, 70 bottles, each containing 300 ML, 340 pouches, each containing 200 ML country made liquor and one pouch packing machine recovered. In course of search, Gajadhar Yadav (Petitioner)

Patna High Court CR. MISC. No.4988 of 2020(3) dt.10-06-2020 2/2 succeeded to flee away.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot from where two persons, namely, Anil Kumar and Jitendra Kumar were apprehended and bottles and pouches of country made liquor are also said to be recovered. Further submission is that petitioner is not the owner of the Khalihan and he has no criminal antecedent, but with ulterior motive, the petitioner has falsely been implicated in this case on the instigation of the villagers due to dirty village politics.

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 four 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 Addl. Sessions Judge-VII-cum-Special Judge (Excise), Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 290 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T