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Patna High CourtCR. MISC./14749/2020bail granted

Bachcha Yadav v. The State Of Bihar

2020-06-11Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14749 of 2020 Arising Out of PS. Case No.-64 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Bachcha Yadav, aged about 27 years, male, S/o Balistar Yadav @ Balister Prasad, Resident of Village- Semrahi, P.S.- Yodopur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-06-2020 Heard Mr. Dhramveer, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Govindganj P.S. Case No. 64 of 2018, dated 25.03.2018, instituted for the offences under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a), 33 and 36 of the Bihar Prohibition and

Patna High Court CR. MISC. No.14749 of 2020(2) dt.11-06-2020 2/3 Excise Act, 2016.

It has been alleged in the First Information Report that one Rama Shankar Sahani was arrested by the side of a river along with liquor. Aforesaid Rama Shankar Sahani is said to have disclosed that the consignment of liquor was brought to him by the petitioner and his brother, viz., Ajit Yadav.

It has been submitted on behalf of the petitioner that nothing has been recovered from his possession and at best, the prosecution against him is based on confession of an arrested accused person. It has further been submitted that aforesaid Ajit Yadav, a co-accused, similarly situated as that of the petitioner has been granted anticipatory bail. The petitioner has clean antecedent.

Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, 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

Patna High Court CR. MISC. No.14749 of 2020(2) dt.11-06-2020 3/3 learned Addl. Sessions Judge-IX-Cum-Special Judge, Excise, East Champaran, Motihari in connection with Govindganj P.S. Case No. 64 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T