Chhotu Yadav @ Chhotu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8980 of 2019 Arising Out of PS. Case No.-260 Year-2018 Thana- KASBA District- Purnia ====================================================== CHHOTU YADAV @ CHHOTU KUMAR YADAV, Son of Arvind Yadav, R/o village- Simariya, P.S- Kasba, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner. No one appears for the State to oppose this application. Petitioner is seeking anticipatory bail in connection with Kasba P.S. Case No. 260 of 2018 registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery of illicit liquor from the petitioner or from any place belonging to the petitioner. Two arrested accused who were having illicit liquor in their possession have named this petitioner alleging that this petitioner was giving those illicit liquor for sale in the market. Learned counsel submits that it is a case of false implication without there being any material to

Patna High Court Cr.Misc. No.8980 of 2019(2) dt.18-02-2019 2/2 connect him with this case. It is also submitted that the petitioner has no criminal antecedent.

Considering the nature of allegations wherein the name of the petitioner has transpired in the statement of the arrested accused however the petitioner is having clean antecedent, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Kasba P.S. Case No. 260 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T