Sankar Kumar Yadav @ Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11556 of 2020 Arising Out of PS. Case No.-175 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saharsa ====================================================== Sankar Kumar Yadav @ Shiv Shankar Kumar aged about 25 years (Male), S/o Kishore Yadav @ Raj Kishore Yadav, R/o Village - Batraha Ward No. 26, P.S.- Sadar, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2020 Heard Mr. Shiv Shankar Sharma, learned counsel for the petitioner and Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor appearing for the State through video conferencing.

The petitioner apprehends his arrest in connection with Special Case No. 595 of 2019 arising out of Excise Case No. 175 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that Excise Officials on the basis of secret information raided the house of the petitioner and recovered a total quantity of 14.250 liters of illicit foreign liquor from the cow -shed situated at the back side of the house of the petitioner.

Patna High Court CR. MISC. No.11556 of 2020(3) dt.12-06-2020 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch no illicit liquor has been recovered from the conscious possession of the petitioner or from inside the house of the petitioner. Learned counsel further submits that from perusal of the prosecution report it is evident that illicit liquor has been recovered from a cow -shed near the garden at the back side of the house of the petitioner, which is accessible to all and sundry. Having regard to the submissions made by the parties and taking into consideration the fact that illicit liquor has been recovered from cow-shed which is accessible to all, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II - cum-Special Judge ( Excise ), Saharsa in connection with Special (Excise) Case No. 595 of 2019 arising out of Excise Case No. 175 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

Patna High Court CR. MISC. No.11556 of 2020(3) dt.12-06-2020 3/3 It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T