← Library
Patna High CourtCR. MISC./20762/2022allowed

Ankur Yadav @ Ankul Yadav v. The State Of Bihar

2023-01-04Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20762 of 2022 Arising Out of PS. Case No.-102 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Ankur Yadav @ Ankul Yadav Son Of Hareram Yadav R/O-VillageHarnathpur, P.S.-Raghunathpur, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-01-2023 Heard Ms. Kumari Anupam, learned counsel for the petitioner and Mr. Md. Shakir Ahmad, learned counsel for the State.

The allegation against the petitioner is that he was apprehended along with 450 cartoon containing 48 bottles of 180 ml Indian made foreign liquor from the truck bearing Registration No. UP-25DT-2465.

The petitioner was granted provisional bail vide order dated 15.06.2022. The State was directed to file report with respect to the measures taken to implement the Bihar Prohibition and Excise Act in its true spirit. However, from the record it appears that no specific report has been filed by the State in the present case in terms of the order dated 15.06.2022. In such circumstances, in many cases it has been observed by this Court that the Authority of the State has failed to implement

Patna High Court CR. MISC. No.20762 of 2022(9) dt.04-01-2023 2/2 the Act in its true spirit and the matter has been referred before Hon'ble the Chief Justice for instituting PIL in Cr. Misc. No. 14308 of 2022 (Niraj Singh @ Niraj Kumar Singh v. The State of Bihar) dated 09.11.2022 taking into consideration the larger public interest in view of the fact that several death tragedies were being caused everyday.

Provisional bail granted vide order dated 15.06.2022 is made absolute on the same terms and conditions as contained in order dated 15.06.2022.

With the above observations and directions the present application stands disposed of.

(Purnendu Singh, J) Manish& Minu/- U