Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28231 of 2020 Arising Out of PS. Case No.-876 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== MITHILESH YADAV, Son of Shyam Narayan Yadav Resident of VillageMahadipur, P.S.- Ghoshi, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Braj Kishore Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 876 of 2019 instituted for the offences under Sections 30 (a) and 36 of the Bihar Prohibition and Excise Act, 2016. It has been submitted that liquor has been recovered from a poultry-farm which has wrongly been stated to belong to the petitioner. Two other persons were arrested and on their statement, the raid was

Patna High Court CR. MISC. No.28231 of 2020(2) dt.04-12-2020 2/3 conducted.

The learned counsel for the petitioner has specifically stated in response to the question put by the Court that the petitioner does not have any connection with the poultry-farm where the recovery has been made.

The petitioner claims to be a person of clean antecedents.

Under the afore-stated circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge - II, Jehanabad, in connection with Excise Case No. 876 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Patna High Court CR. MISC. No.28231 of 2020(2) dt.04-12-2020 3/3 While granting bail, the court below shall verify the correctness of the statement made on behalf of the petitioner that the poultry-farm, from where recovery has been made does not belong to the petitioner at all. If the information is found to be incorrect, this order shall not be implemented and a proceeding be initiated against the petitioner for perjury.

The application stands allowed with the aforesaid observation.

(Ashutosh Kumar, J) skm/- U T