Amardeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18097 of 2021 Arising Out of PS. Case No.-389 Year-2020 Thana- KOTWA District- East Champaran ====================================================== AMARDEO YADAV Son of Raghu Yadav Resident of Bhopatpur Nayaka, P.S.- Bhopatpur O.P. (Kotwa), District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Kotwa P.S. Case No. 389 of 2020 for the offence registered under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The prosecution case in nutshell is that 800 liters of spirit kept in 40 gallon each containing 20 liters was recovered. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.18097 of 2021(2) dt.14-12-2021 2/2 connection with the present case due to local village politics. It is further submitted that no incriminating articles i.e. country made liquor was recovered from the conscious possession of the petitioner rather the same has been recovered from the house of Rupesh Yadav. It is further submitted that the petitioner has not been apprehended on the spot.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/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 thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-2nd cum Special Judge, Excise, East Champaran, Motihari in connection with Kotwa P.S. Case No. 389 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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