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

Patna High Court Cr.Misc. No.29739 of 2016 (2) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29739 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Rajesh Yadav @ Rajesh Kumar Yadav S/o Balroop Yadav Resident of Village- Dahrak, P.S Ramgarh, District Kaimur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Singh, Advocate For the Opposite Party : Mr. Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Heard both sides.

The petitioner apprehends his arrest in Ramgarh P.S.Case No.90 of 2016 under Section 47(A) of the Excise Act. Learned counsel for the petitioner submits that the petitioner is not apprehended at the spot, nothing has been recovered from the conscious possession or constructive possession of the petitioner. The liquor was recovered from barren land covered by cow-dung and Tripal. Nobody has seen the petitioner keeping the liquor in a barren land. Considering the aforesaid facts, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged

Patna High Court Cr.Misc. No.29739 of 2016 (2) dt.05-09-2016 on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri Himanshu Pandey, Judicial Magistrate, Ist Class, Kaimur at Bhabua in connection with Ramgarh P.S.Case No.90 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) B.Kr./- U T