Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27616 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== PRAKASH YADAV Son of Vipin Yadav Resident of Village - Jagiranha, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Excise Case No.40 of 2020 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case, there is recovery of 260.640 liters of foreign liquor from the Car standing near Sovaiya Jagiranha Canal. He further submits that nothing was recovered from the possession of this petitioner and he has no concern with the trade of liquor. The car does not belong to the petitioner.

Considering the fact that the petitioner has no

Patna High Court CR. MISC. No.27616 of 2020(2) dt.25-11-2020 2/2 criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner named above, be released on bail in the event of arrest or surrender before the court below within a period of one month from the date of communication of a copy of this order, on depositing Rs.50,000/- (fifty thousand) cash and furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judgecum-Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No.40 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C. The amount of Rs.50,000/- (fifty thousand) deposited by the petitioner shall abide by the final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) B.Kr./- U T