Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9096 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Nandu Yadav Son of Kamo Yadav Resident of Village-Kharahat, Police Station-Sahebpur Kamal, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sahebpur Kamal PS case no. 312 of 2019 registered for the offences punishable under Sections 413, 414 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 101.625 liters of illicit liquor from the house of the co-accused person namely Solanki Kumar and upon interrogation, he is stated to have named the petitioner as one of his accomplice. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.9096 of 2020(2) dt.04-03-2020 2/3 present case and is having a clean antecedent. It is further submitted that since neither any recovery of illicit liquor has been made from the conscious possession of the petitioner nor the said recovery of illicit liquor has been made from his house, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner as also taking in account the fact that prima facie, no case is made out as against the petitioner herein under the provisions of the Bihar Prohibition and Excise Act, 2016, upon a bare perusal of the FIR, as far as consideration of the present petition is concerned, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Excise Act, Begusarai in connection with Sahebpur Kamal PS case no. 312 of 2019 subject to the

Patna High Court CR. MISC. No.9096 of 2020(2) dt.04-03-2020 3/3 conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T