Anand Yadav @ Andhera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16694 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- JAKKANPUR District- Patna ====================================================== ANAND YADAV @ ANDHERA, S/o Late Fekan Gope, Resident of Prandarpur, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Spl. Case No.6193 of 2018, arising out of Jakkanpur P.S. Case No. 290 of 2018, registered for the offences punishable under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that no illicit liquor has been recovered from the possession of this petitioner. It is submitted that the alleged recovery of illicit liquor is from the house of co-accused Chotu Yadav. It is further submitted that the petitioner has no criminal antecedent. Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.16694 of 2019(2) dt.28-03-2019 2/2 wherein the alleged recovery of illicit liquor is said to have been made from the house of co-accused Chotu Yadav and the name of this petitioner has transpired only on the statement of some witnesses who are said to have stated that the three brother-inlaws of Chotu Yadav were also involved in the liquor business and save and except that there is no other material to connect this petitioner who is having no criminal antecedent, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Special Judge, Excise, Patna in connection with Special Case No.

6193 of 2018, arising out of Jakkanpur P.S. Case No. 290 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T