Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10266 of 2018 Arising Out of PS. Case No.-482 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== Mohan Yadav, Sonof Bishwanath Yadav, Resident of Village- Chargharwa, P.S.- Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. ANIL KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ramnagar P.S. Case No. 482 of 2017 registered for the offence punishable under Sections 30(A) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 18 litres of illicit liquor from a sugarcane field.

The learned counsel for the petitioner submits that neither any recovery has been made from the person of the petitioner nor from his field and the alleged place of occurrence does not belong to the petitioner herein. It is submitted that the petitioner is having a clean antecedent.

Considering the nature of accusation and the fact that

Patna High Court Cr.Misc. No.10266 of 2018(2) dt.27-02-2018 2/2 prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Ramnagar P.S. Case No. 482 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T