Bhulla Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18499 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Bhulla Yadav S/o Late Sone Lal Yadav R/o village- Koutwali Chauk, Bhauwara Ward No. 30, P.S.- Town, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pandul P.S. Case no. 10 of 2020 registered under sections 272 and 273 of the Indian Penal Code and sections 30(a), 36, 38A and 41(1) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on a raid being conducted a total quantity of 48.3 litres of Nepali liquor is stated to have been recovered from the hut of the petitioner made of bamboo etc.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. Even as per the description in the F.I.R., the hut cannot be described to be a

Patna High Court CR. MISC. No.18499 of 2020(2) dt.12-06-2020 2/2 place under the exclusive control of this petitioner. The petitioner has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Pandul P.S. Case no. 10 of 2020, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, subject to the conditions as laid down in section 438(2) Cr.P.C.

(Partha Sarthy, J) Bibhash/- U