Pintu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11212 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- FULKAHA District- Araria ====================================================== Pintu Kumar Yadav, Son of Deo Narayan Yadav, Resident of VillageLakshmipur, Ward no. 10, P.S-Fulkaha, Dist.-Araria. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-02-2019 The petitioner seeks bail in anticipation of his arrest in connection with Fulkaha P.S. Case No. 56 of 2018 dated 28.03.2018 instituted for the offences under Sections 30(a), 36, 38 of the Bihar Prohibition & Excise Act, 2016. Thirty three litres of Nepali liquor is said to have been recovered from the possession of one person who was being accompanied by another person who could manage to run away. The petitioner is said to be the person who could manage to run away.
The learned counsel for the petitioner has submitted that at best the material against the petitioner is the confession by an accused person. There is no recovery
Patna High Court Cr.Misc. No.11212 of 2019(2) dt.25-02-2019 2/2 either from his possession or constructive possession. Regard being had to the aforesaid facts and taking into account his clean antecedents, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Fulkaha P.S. Case No. 56 of 2018/Special Case No. 418 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Shageer/- U T