Uday Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37412 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- Singheshwar District- Madhepura ====================================================== Uday Kumar Yadav, Son of Mukho Prasad Yadav, Resident of VillageJogbani, P.S.- Gamhariya, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 Heard Sri Shailendra Kumar Singh, learned counsel for the petitioner and Sri Abhay Kumar-1, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Special Excise Case No. 77 of 2018, arising out of Singheshwar P.S. Case No. 132 of 2018, registered for offence under Section 30(a) of Bihar Prohibition & Excise Act, 2016 and Sections 18(c), 27 b (ii) & 27(d) of Drugs and Cosmetic Act, 1940, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that in this case, petitioner has been made accused only on the basis of confessional statement of one of the co-accused, from whose house, there was recovery of small quantity i.e. 1 litre & 620 ml. of Indian make foreign liquor in 9 bottles containing 180 ml. each and some cough syrup. Except confessional statement of co-accused, there is no other material to connect

Patna High Court Cr.Misc. No.37412 of 2018(2) dt.03-07-2018 2/2 the petitioner in the present case.

Learned Addl. Public Prosecutor, though has opposed the prayer, he was not in a position to dispute the fact that nothing was recovered from the house of the petitioner. Considering the nature of accusation as well as clean antecedent of the petitioner, as stated in paragraph - 3 of the petition, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Uday 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 Additional District and Sessions Judge II cum Special Judge, Excise Act, Madhepura in connection with Special Excise Case No. 77 of 2018, arising out of Singheshwar P.S. Case No. 132 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T