Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27317 of 2020 Arising Out of PS. Case No.-238 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Mohan Yadav Son Of Baleshwar Yadav Resident Of Village - Fatehpur, P.S.- Balia, District - Begusarai ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Braj Bhushan Poddar, Advocate For the Opposite Party :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State through video conferencing.
The petitioner apprehends arrest in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code as well as section 30, 32 and 41 of the Bihar Prohibition and Excise Act.
Police raided a place and found that total 4418 liters of foreign liquor was being unloaded from a container while eight persons including the petitioner, all named in the FIR, managed to escape from the place of occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the
Patna High Court CR. MISC. No.27317 of 2020(2) dt.06-11-2020 2/2 conscious possession of the petitioner. He is neither owner of the vehicle nor the driver of the same and he is no way concerned with the illicit liquor. As per para 3 of the bail petition, petitioner has got no criminal antecedent. In the facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II cum Special Judge, Excise Act Begusarai in Balia Police Station Case No. 238 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T