Patna High CourtCR. MISC./28349/2019allowed

Rajan Yadav v. The State Of Bihar

2019-07-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28349 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== 1.

RAJAN YADAV Son of Chandrika Yadav, Resident of Village-Bhatnha, P.SSugauli, District-East Champaran. 2.

Ajay Yadav Son of Shankar Yadav, Resident of Village-Bhatnha, P.SSugauli, District-East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sugauli P.S. Case No. 66 of 2018 for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner, which is evident form the seizure list. Moreover, the name of this petitioner has transpired from the confessional statement of

Patna High Court CR. MISC. No.28349 of 2019(3) dt.17-07-2019 2/2 the co-accused. The petitioner has no concern with the alleged recovery. Hence, the petitioner may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks 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 7th Additional Sessions Judge -cum- Special Judge, Excise, Motihari, East Champaran, in connection with Sugauli P.S. Case No.66 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U t