Sonu Yadav @ Amarjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11439 of 2020 Arising Out of PS. Case No.-80 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Munger ====================================================== SONU YADAV @ AMARJEET YADAV Son of Late Bijlee Yadav @ Biglee Yadav Resident of Mohalla - Guljar Pokhar, Sarwan Bazar, Bata Road, Ward No. 13, P.S. - Kotwali, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application for grant of anticipatory bail arises out of Government Complaint Case No. 80C3 of 2019, disclosing offence under Sections 30 (a)/32/54 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the Excise Officials raided the house of the petitioner and recovered 17.685 litres of illicit liquor from the said house. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as

Patna High Court CR. MISC. No.11439 of 2020(3) dt.15-06-2020 2/3 from perusal of the prosecution report, it would be evident that, admittedly, the raid was conducted upon the joint house of the petitioner and two brothers of the petitioner have already been arrested in this case by the police. He further submits that the petitioner has got no criminal antecedent and for the recovery of 17.685 litres of illicit liquor, the entire family members have been made accused in this case.

After having heard learned Counsel for the parties concerned and taking into consideration the fact that the house, from where the illicit liquor has been recovered, is a joint family house, two of the brothers of the petitioner have already been arrested by the police in this case and further the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge -cum- Special Judge, Excise Act, Munger, in connection with Government Complaint Case No. 80C3 of

Patna High Court CR. MISC. No.11439 of 2020(3) dt.15-06-2020 3/3 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √