Kapil Yadav @ Kapil Doe Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23600 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== KAPIL YADAV @ KAPIL DOE YADAV, male, aged about 25 years, Son of Ganga Ram Yadav Resident of Village - Gausha, P.S.- Sadar, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioner apprehends his arrest in Darbhanga Sadar P.S. Case No.397 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant got information that Vidyanand Yadav, resident of village Gausha has kept liquor in his house. On such information, a raid was conducted and Vidyanand Yadav was apprehended. Huge quantity of Indian made foreign liquor was recovered from the house of Vidyanand Yadav. Vidyanand Yadav disclosed that consignment of liquor was brought by Ranjeet Kumar, Harimohan Yadav, Kapil Yadav and Ritu Kumar and had kept in his house.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.23600 of 2019(2) dt.12-04-2019 2/2 petitioner has no manner of concern with the quantity of liquor recovered from house of Vidyanand Yadav. Petitioner has got no criminal antecedent.

Taking into consideration the fact that Vidyanand Yadav from whose house huge quantity of Indian made foreign liquor was recovered named the petitioner and others that they had brought the liquor and kept in his house but there is no material to show that petitioner in fact, brought the liquor and kept in the house of Vidyanand Yadav, 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 ADJ 4th, Darbhanga in connection with Darbhanga Sadar P.S. Case No.397 of 2018, GO Case No.877/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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