Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21034 of 2019 Arising Out of PS. Case No.-106 Year-2017 Thana- HARLAKHI District- Madhubani ====================================================== RAJESH YADAV, aged about 30 years, Son of Jitendra Yadav Resident of Village - Phulhar, P.S.- Harlakhi, Distt.- Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2019 Heard both sides.

The petitioner apprehends his arrest in Harlakhi P.S. Case No.106 of 2017 registered under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The police got information that some persons were carrying Nepali liquor on motorcycle but they managed to flee away after seeing the police. The Nepali liquor and two motorcycles were seized.

The learned counsel for the petitioner submits that name of the petitioner was disclosed by the Chaukidar but there is nothing to show that the petitioner was carrying liquor. Petitioner was not the owner of the motorcycle. Taking into consideration the fact that petitioner is not

Patna High Court CR. MISC. No.21034 of 2019(2) dt.04-04-2019 2/2 the owner of the motorcycle and petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani in connection with Harlakhi P.S. Case No.106 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T