Chanchal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20197 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Chanchal Yadav, Male, aged about 32 years, Son of Ramvriksh Yadav, Resident of Village - Akauna Bazar, P.S.- Muffasil, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-04-2019 The petitioner seeks bail in anticipation of his arrest in connection with Muffasil (Nawada) P.S. Case No. 10 of 2019, dated 20.01.2019, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 16 litres of liquor is said to have been recovered from behind the house of the petitioner which was found to have been covered with straw.

Though the recovery is from a place which is very near to the house of the petitioner and the secret information to the police also was that the petitioner indulged in selling liquor unauthorizedly, but since the recovery is not from the possession/constructive possession

Patna High Court CR. MISC. No.20197 of 2019(2) dt.03-04-2019 2/2 of the petitioner, this Court is inclined to grant him anticipatory bail.

The recovery is from a place which is not under any enclosure. While formulating this opinion, the Court has taken note of the fact that the petitioner does not have criminal antecedents.

Under the aforesaid facts and circumstances, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge-II-CumSpecial Judge, Nawada, in connection with Mufassil (Nawada) P.S. Case No. 10 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T