Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32234 of 2018 Arising Out of PS. Case No.-424 Year-2017 Thana- MAIRWA District- Siwan ====================================================== Surendra Yadav, Son of Late Nandji Yadav, Resident of Village- Parsiya Bujurg, Police Station- Mairwa, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP 169 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

This is a petition for grant of anticipatory bail in connection with Mairwa P.S. Case No. 424 of 2017 for offences under Sections 147, 148, 149, 341, 323, 353, 224 and 225 of the Indian Penal Code and 30(a), 41(i), 45 and 38(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation, in brief, is that this petitioner was found carrying 12 liters of illicit country made liquor on his bicycle, accordingly, seizure list was prepared.

Learned counsel for the petitioner submits that there is no recovery from the possession of this petitioner and other co-accused have been granted anticipatory bail. The learned counsel for the State submitted that the

Patna High Court Cr.Misc. No.32234 of 2018(2) dt.24-05-2018 2/2 case of the petitioner for anticipatory bail is not maintainable as he was found in possession of illicit liquor. Having considered the aforesaid facts and circumstances, the prayer for anticipatory bail stands rejected. (Arun Kumar, J) Shamshad/- U T