Sri Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23788 of 2018 Arising Out of PS. Case No.-312 Year-2017 Thana- RAJNAGAR District- Madhubani ====================================================== Sri Ram Yadav, Son of Late Mahabir Yadav, Resident of Paliwar, P.S. Raj Nagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Gagan Deo Yadav, Advocate For the Opposite Party/s :

Sri Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Gagan Deo Yadav , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Raj Nagar P.S. Case No. 312 of 2017 , registered for offence under Section 272, 273, 120(B), 34 of the Indian Penal Code , 1860 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner submits that it is a peculiar case in which Police firstly conducted raid in the house of one Manoj Yadav and from his house about 21 liters of Nepali country made liquor was recovered, but, subsequently, investigation was turned as if petitioner with a view to falsely implicate Manoj Yadav had kept liquor in the house of Manoj

Patna High Court Cr.Misc. No.23788 of 2018(2) dt.23-04-2018 2/2 Yadav and this is the reason that petitioner has been made accused. He further submits that petitioner is having clean antecedent which fact has been mentioned in paragraph no. 3 of the petition and there was animosity in between petitioner and Manoj Yadav.

Considering the facts and circumstances as well as clean antecedent of the petitioner, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Sri Ram Yadav be enlarged 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 learned Addl. Sessions Judge II - cum- Special Judge Excise Act, Madhubani / concerned court in connection with Raj Nagar P.S. Case No. 312 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T