Ram Bachan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10145 of 2020 Arising Out of PS. Case No.-242 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Ram Bachan Yadav, Male, aged about 23 years, S/o Baliram Choudhary, R/o Village-Sarsar, P.S-Siwan (Muffasil), District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with A.B.P. No.162 of 2020 on 21.01.2020 arising out of CIII 242 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 1 liters of country made liquor has been recovered from the co-accused. Learned counsel for the petitioner further submits that on the confessional statement of the co-accused, petitioner has been made accused in the present case. Learned counsel for the petitioner further submits that the petitioner has

Patna High Court CR. MISC. No. 10145 of 2020(2) dt.03-03-2020 2/2 got involved previously in the same offence.

In the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the condition that the petitioner is agreed to deposit Rs.1,000/- (one thousand) in the Juvenile Justice Fund of the State Social Welfare Department and on deposit of the aforesaid amount, in the event of his arrest or surrender before the court below within six weeks from the date of communication of this order, the court below shall release the petitioner on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of A.D.J.II-cum-Special Judge, Excise, Siwan in CIII Case No.242 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T