Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27495 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- KOTHIGRAM District- Gaya ====================================================== RAJ KUMAR YADAV Son of Late Kedar Yadav Resident of Village - Lawabar (Sobadi), P.S.- Kothi, District - Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kothi P.S. Case No. 07 of 2019, registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2016.

40 liters of country made liquor is said to have been recovered from courtyard of the house of the petitioner and petitioner made good his escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized liquor. As per F.I.R. aforesaid liquor

Patna High Court CR. MISC. No.27495 of 2019(3) dt.29-07-2019 2/2 was seized from courtyard of the house of the petitioner but it has not been mentioned in column 4 of the seizure-list meant for place of recovery which creates serious doubt about prosecution case. Moreover, said house is inhabited by his several family members and he had no knowledge of keeping liquor there. Hence no offence under Excise Act is made out against the petitioner. He has no criminal antecedent.

On the other hand, learned A.P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Act, Gaya in connection with Kothi P.S. Case No. 07 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T