Patna High CourtCR. MISC./20411/2020allowed

Santosh Yadav v. The State Of Bihar

2020-07-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20411 of 2020 Arising Out of PS. Case No.-33 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== Santosh Yadav, aged about 33 years, Son of Vijay Prasad Resident of Village Bajwatari, Police Station - Rajauli, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Deepak Kumar, Advocate For the Opposite Party :

Mrs.Puspa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Rajauli P.S. Case No. 33 of 2017 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In the instant case, 15 litres of Mahua wine was seized from the plastic bag kept in the motorcycle.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. He submits that liquor was recovered at Dopta More from a parked motorcycle. On the basis of ownership, the owner of the motorcycle was made accused. However, the name of the petitioner surfaced on the statement of the owner of the

Patna High Court CR. MISC. No.20411 of 2020(2) dt.20-07-2020 2/2 motorcycle that he has already transferred the motor-cycle to this petitioner.

Considering the fact that the petitioner has no criminal antecedent and nothing was recovered from constructive possession of the petitioner or from his house, the Court is inclined to grant bail to him. Let petitioner, above-named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-II-cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 33 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) BT/- U T