Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57078 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -PIPRA District- PATNA ====================================================== Devendra Yadav, Son of Ramashish Yadav, Resident of Village Maksudpur, Post Office and Police Station Pipra, District Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Tewary, Advocate. For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pipra P.S. Case No. 56 of 2017 instituted for the offence under Sections 30(a) and 38(a)(b) of Bihar Prohibition and Excise Act, 2016. As per written report, the recovery of foreign liquor has been made from husk (Bhoosa) house situated towards NorthSouth angan of Ram Janam Yadav. He was arrested by the police and he in his confessional statement has taken the name of this petitioner. From the written report it appears that there is no recovery of any foreign liquor from conscious possession of this petitioner.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.57078 of 2017 (3) dt.05-12-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Pipra P.S. Case No. 56 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge VIII cum Special Judge, Excise, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T