Deepak Kumar @ Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32353 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Deepak Kumar @ Deepak Kumar Yadav S/o Mahesh Yadav, R/o Vill.- Hathwan, Musahri, P.S.- Alauli, District- Khagaria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-06-2018 Heard Sri Ranjeet Kumar Singh, learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Alauli P.S. Case No.126 of 2018, G.R. No.1071 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender.

By way of referring to the statement made in paragraph-3 of the petition, it has been argued by learned counsel for the petitioner that the petitioner is having clean antecedent. It has also been argued by learned counsel for the petitioner that nothing was recovered either from the conscious possession of the petitioner or from the premises/ land of the

Patna High Court Cr.Misc. No.32353 of 2018(2) dt.13-06-2018 2/2 petitioner, rather in the case, recovery of about 15 liters of Indian Make Foreign liquor was shown from a maize field of one Krish Yadav. However, the owner of the land in question has not been arrayed as accused and the petitioner was made accused as if the petitioner was shown to be fleeing away from the place of occurrence.

Considering the clean antecedent and the fact that nothing was recovered either from the conscious possession of the petitioner or from his land , there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within six weeks from today, let the petitioner, namely, Deepak Kumar @ Deepak Kumar Yadav be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Addl. Sessions Judge-cum-Special Judge, Excise, Khagaria in connection with Alauli P.S. Case No.126 of 2018, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T