Patna High CourtCR. MISC./28989/2023disposed

Chuman Yadav v. The State Of Bihar

2023-07-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28989 of 2023 Arising Out of PS. Case No.-9 Year-2023 Thana- AANDAR District- Siwan ====================================================== 1.

CHUMAN YADAV Son of Rajesh Yadav R/o Village - Sultanpur, P.S.- Andar, Dist.- Siwan 2.

Bolbam @ Bolbam Yadav @ Niraj @ Niraj Kumar Yadav Son of Daroga Yadav R/o Village - Sultanpur, P.S.- Andar, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023

1. At the outset, learned counsel for the petitioner No. 1 seeks permission to withdraw the pre-arrest bail petition.

2. This bail petition of petitioner No. 1 is dismissed as withdrawn.

3. Heard learned counsel for the petitioner No. 2 and the State.

4. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of Bihar Prohibition and Excise (Amendment) Act .

5. It is alleged that 801 liters of country made liquor was recovered.

6. It is submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.28989 of 2023(2) dt.17-07-2023 2/2 has falsely been implicated in this case only on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

7. Learned counsel for the State vehemently opposes the bail petition.

8. Considering the facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioner No. 2, above named, 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 the Learned Exclusive special Judge, Excise, Court No. I, Siwan in connection with Andar Police Station Case No. 09 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T