Niteshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13373 of 2019 Arising Out of PS. Case No.-207 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== NITESHWAR YADAV, S/o Bhathu Yadav, Resident of Village- Ramouli, P.S.- Gai Ghat Benibad O.P., District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with L.N.M.U. P.S. Case No. 207 of 2017 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(a), 47 and 57 of the Bihar Prohibition and Excise Act.

Allegation as per FIR is of recovery of 67 litres of foreign liquor from the house of one co-accused, who disclosed the name of the petitioner stating that he supplied the same. Submission of learned counsel for the petitioner is that there is nothing on the record to show that the liquor was supplied by the petitioner and except confessional statement there is nothing against him and recovery has not been made either from his possession or from his house and he has no

Patna High Court CR. MISC. No.13373 of 2019(4) dt.03-05-2019 2/2 criminal antecedent.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional District JudgeV-cum-Special Judge, Excise Act, Darbhanga, in connection with L.N.M.U. P.S.Case No. 207 of 2017, arising out of G.O. Excise Case No. 1479 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T