Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16278 of 2022 Arising Out of PS. Case No.-561 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Yogendra Sah Son of Late Janki Sah Resident of Village - Prem Nagar, P.S.- Runni Saidpur, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Kumar For the Opposite Party/s :

Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

8 Kg and 500 gms. of dry yeast has been recovered from the shop of this petitioner.

It is submitted that no incriminating article has been recovered from possession of this petitioner or from shop of this petitioner. The Government of Bihar has not categorized the Dry Yeast in the category of prohibited items under the Bihar Prohibition & Excise Act, 2016. Even the dry yeast does not come under the category of intoxicant or liquor within the meaning of this Act. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.16278 of 2022(2) dt.30-09-2022 2/2 Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Special Excise Court No. 1, Sitamarhi in connection with Runni Saidpur P.S. Case No. 561 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T