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Patna High CourtCR. MISC./49378/2014dismissed

Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

2015-04-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49378 of 2014 Arising Out of PS.Case No. -15 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjay Yadav @ Sanjay Kumar Yadav Son of Gauri Shankar Yadav Resident of Village-Depau,P.S-Kotwa,District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2015 Heard both sides.

Petitioner apprehends his arrest in Excise Case No. 15 of 2014 registered under section 47(A) Excise Act. It is submitted that the petitioner is separate from his brother and nothing was recovered from the conscious possession of the petitioner, but from the perusal of the prosecution report it appears that from the joint possession of the petitioner and Ajay Kumar Yadav 175 liters of country made liquor was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly the same is rejected. The petitioner, if so advised, may surrender

Patna High Court Cr.Misc. No.49378 of 2014 (2) dt.07-04-2015 2/2 in the court below and seek regular bail. The court below shall consider the regular bail of the petitioner without being prejudiced by the order of this Court.

(Prabhat Kumar Jha, J) M.Rahman/- U T