Sandeep Yadav @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21494 of 2020 Arising Out of PS. Case No.-401 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Sandeep Yadav @ Sandeep Kumar aged about 31 years (M) Son of Lalo Yadav Resident of Village - Bhaur, P.S. - Rajauli, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Birendra Kumar, Advocate For the Opposite Party :

Mr.Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-07-2020 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. 401 of 2019 for offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner was made accused in two other cases but in none of the cases under the Bihar Prohibition and Excise Act, 2016. Learned counsel submits that in the instant case, 225 litres of country made liquor and 70 litres of Mahua wine were seized from the ambush grown in the field in the northern side of house of Rajesh Yadav son of Saryu Yadav (co-accused). Learned counsel submits that recovery was made from open field on the northern side of house of co-accused and not from the house or plot of land of the petitioner.

Patna High Court CR. MISC. No.21494 of 2020(2) dt.24-07-2020 2/2 Considering the fact that nothing was recovered from the house of the petitioner or land belonging to the petitioner, the Court is inclined to grant bail to him subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional District Judge 2nd-cum-Special Judge, Nawada in connection with Rajauli P.S. Case No. 401 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T