Mano Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8025 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- SALIMPUR District- Patna ====================================================== Mano Yadav (Male), age 38 years, Son of Sri Rajeshwar Yadav Resident of Bihta, P.S.- Salimpur, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tilak Sao For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Special Case No. 8949 of 2018 arising out of Salimpur P.S. Case No. 260 of 2018 registered for offences under sections 30(a) of the Bihar (Prohibition) Excise Act.

As per allegation made in the First Information Report, the police has recovered 2.5 liter country made liquor from the house of the accused petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent.

Looking to the small quantity of liquor recovered as also the entire facts and circumstances of the case, let the

Patna High Court Cr.Misc. No.8025 of 2019(2) dt.13-02-2019 2/2 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Special Case No. 8949 of 2018 arising out of Salimpur P.S. Case No. 260 of 2018 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

However, at the time of accepting bail bonds, the court below will verify and ensure itself regarding criminal antecedent of the petitioner and if it is found that the petitioner has clean antecedent, his bail bond will be accepted but, if it is found that the petitioner is involved in any other case before filing of the present case i.e. 8.2.2019, then he would not be released.

(Shivaji Pandey, J) rishi/- U T