Pintu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12541 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Pintu Kumar Yadav, Son of Baleshwar Prasad Yadav @ Baleshwar Yadav R/o village- Lhosingna, Losinghani, Lahsinghna, P.S- Akbarpur, Dist.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, three persons, while travelling on a motorcycle, were intercepted, when one person managed to escaped from the scene, however, two persons were apprehended. From the apprehended co-accused persons, 20 litres of Indian made foreign liquor were recovered. The apprehended co-accused persons disclosed the name of the petitioner as the person who escaped from the scene. It is submitted by learned counsel for the petitioner that admittedly, recovery has not been made from the conscious

Patna High Court CR. MISC. No.12541 of 2019(2) dt.01-03-2019 2/2 physical possession of the petitioner and the petitioner was not apprehended from the place of seizure. A statement has been made in paragraph no.3 of the petition that the petitioner has also been made accused in one other case of similar nature. Considering the fact that the petitioner was not apprehended from the place of seizure and the prosecution report does not suggest that ownership of the alleged motorcycle has been ascertained, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 47 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T