Upendra Kumar @Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29001 of 2020 Arising Out of PS. Case No.-245 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== UPENDRA KUMAR @UPENDRA YADAV Son of Sudeshwar Prasad @ Sugga Yadav Resident of Village - Chak Chachaul, P.S. - Naubatpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 245/2020 registered for the offences punishable under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

As per the prosecution case, 2108.805 litres of the foreign liquors have been recovered from the R.O. plant of Md. Rasul and two co-accused, namely, Awadhesh Kumar and Dukhan Manjhi were apprehended on the spot who disclosed the name of four persons including this petitioner who brought the liquor.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and

Patna High Court CR. MISC. No.29001 of 2020(2) dt.02-12-2020 2/2 recovery has been made from the R.O. plant of Md. Rasul. It is further submitted that petitioner has a clean antecedent as stated in paragraph No. 3.

Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Naubatpur P.S. Case No. 245 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Prabhat Kumar Singh, J) Saif/- U T