Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12009 of 2020 Arising Out of PS. Case No.-379 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Umesh Yadav Son of Sri Harishankar Yadav Resident of Village - Bargachhiya, P.S.- Bairiya, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Bairiya P.S. Case No. 379 of 2019 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2018. Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

In the instant case total 30.730 liters of liquor was allegedly seized from the motorcycle.

Learned counsel for the petitioner submits that petitioner is not owner of the motorcycle wherefrom the liquor was seized.

Considering the fact that petitioner has no criminal antecedent and the liquor was seized from the motorcycle which

Patna High Court CR. MISC. No.12009 of 2020(2) dt.05-03-2020 2/2 does not belong to the petitioner, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, in connection with Bairiya P.S. Case No. 379 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T