Patna High CourtCR. MISC./30886/2018allowed

Pintu Yadav v. The State Of Bihar

2018-06-05Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30886 of 2018 (2) dt.05-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30886 of 2018 Arising Out of PS.Case No. -57 Year- 2018 Thana -SALKHUA District- SAHARSA ======================================================

1. Pintu Yadav S/o Dev Narayan Yadav, R/o Vill.- Salkhua More, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the Opposite Party/s : Mr. Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Salkhua Police Station Case No. 57 of 2018, disclosing offences under Sections 30(A) of the Bihar Prohibition Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery of country-made liquor was made from the Gair Majaura land, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Hence, the

Patna High Court Cr.Misc. No.30886 of 2018 (2) dt.05-06-2018 petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. X -cum- special Judge, Excise, Saharsa, in connection with Salkhua Police Station Case No. 57 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T