Amod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16184 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== AMOD YADAV Son of Harishandra Rai @ Harichandra Ray Resident of Village - Punaura, P.S.- Punaura, District - Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.01.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is to the effect that the informant, being the A.S.I.-cum-S.H.O., Punaura Police Station on 23.01.2019, after having received a secret information to the efect that Amod Yadav, the petitioiner and co-accused, Pramod Yadav are selling illicit liquor, laid a raid, but on seeing the police party, two persons started fleeing away from the scene, but on chase being made by the police, though one accused person succeeded to flee away from the place of occurrence, but one was apprehended, who disclosed his name as Pramod Yadav, the petitioner. Subsequently, on his disclosures, 104.700 litres of Nepali

Patna High Court CR. MISC. No.16184 of 2019(2) dt.15-03-2019 2/2 country made liquor, known as 'Saufi' were recovered near a pond.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the conscious physical possession of the petitioner, rather it has been made from an open place. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made on disclosure of the petitioner. Considering the fact that the seizure list does not suggest the specific place from which the alleged recovery has been made, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi, in connection with Punaura P.S. Case No.7 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T