Ankul Kumar Yadav @ Ankur Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7536 of 2019 Arising Out of PS. Case No.-219 Year-2018 Thana- AANDAR District- Siwan ====================================================== Ankul Kumar Yadav @ Ankur Kumar Yadav, Son of Hareram Yadav, Resident of Village Harnathpur, P.S. Raghunathpur, District Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2019 Heard both sides.

Petitioner apprehends his arrest in Andar (M.H. Nagar) P.S. Case No.219 of 2018 registered under Sections 272, 273, 420 and 34 of the Indian Penal Code and under Sections 30(a), 38 and 41(i) of Bihar Prohibition and Excise Act, 2016. The informant received secret information that Prem Kumar @ Munna Pandit was unloading liquor from a tractor parked in front of his house and keeping the liquor in his house for illegal trade. The informant went there to verify the information and found Prem Kumar @ Munna Pandit unloading the liquor. Prem Kumar @ Munna Pandit was apprehended on chase and altogether 1044 litres of liquor (whiskey) was recovered from the tractor as well as inside the house of Prem Kumar @ Munna Pandit. Prem Kumar @ Munna Pandit is said to have disclosed that the petitioner had brought the liquor in the morning and he along with the petitioner sells liquor.

Patna High Court Cr.Misc. No.7536 of 2019(2) dt.08-02-2019 2/2 Learned counsel for the petitioner submits that save and except the statement of the Prem Kumar @ Munna Pandit, there is no material against the petitioner that the petitioner ever indulged in illicit liquor trade. Even the house of the petitioner was not searched and nothing has been recovered from conscious possession of the petitioner.

Taking into consideration that the name of the petitioner surfaced in this case on the statement of Prem Kumar @ Munna Pandit from whose possession 1044 litres of liquor was recovered but thereafter no tangible material is collected to show that the petitioner ever indulged in illicit liquor trade, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 the learned Additional Session Judge IIcum-Special Judge Excise, Siwan, District Siwan in connection with Andar (M.H. Nagar) P.S. Case No.219 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T