Babu Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15828 of 2019 Arising Out of PS. Case No.-250 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== BABU LAL YADAV Son of Late Chandralal Yadav, Resident of Village - Matagadha, P.O.- Ambatari, P.S.- Mohanpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Barachatti (Mohanpur) P.S. Case No. 250 of 2017 registered for offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a), 38, 47 of the Bihar Prohibition and Excise Act, 2016.

It has been alleged that ten litres of mahua liquor has been recovered from the dickey of the motor cycle riding by one Pankaj Kumar. The petitioner has been made accused only on account of being owner of that motor cycle.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender

Patna High Court CR. MISC. No.15828 of 2019(2) dt.14-03-2019 2/2 before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 250 of 2017, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of his bail bond.

(Shivaji Pandey, J) mkchy/- U T