Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29391 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Sunil Yadav Son of Shivji Yadav Resident of Village- Kaushik Dularpur, P.S.- Muffasil Arah, District- Bhojpur.

... ... 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.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

11-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Ara Muffassil P.S. Case No. 11 of 2020 registered for the offence under Section 307 & other allied sections of the Indian Penal Code, Section 25(1AB) of Arms Act and Sections 30(a), 45 of the Bihar Prohibition and Excise Act.

As per the prosecution case, the alleged liquor has been recovered from the house of the petitioner as well as from two tempo, which were parked in front of the house of the petitioner. It is further alleged that when police party went to arrest petitioner and his family members, they started shouting and thereafter, hundreds of villagers assembled there and started pelting stones and bricks on the police party, as a result of

Patna High Court CR. MISC. No.29391 of 2020(2) dt.11-12-2020 2/2 which, some of the police personnel sustained injury. It is also alleged that alleged liquor were also taken away by the villagers.

It is submitted on behalf of petitioners that recovery has been made from two tempo, which were parked outside the house of petitioner. There is general and omnibus allegation and no specific allegation has been attributed against these petitioners. Petitioners have got clean antecedent. However, considering the nature of allegation in the FIR and huge recovery of liquor from the house of the petitioner, I am not inclined to grant bail to the petitioner and accordingly, same is rejected.

(Prabhat Kumar Singh, J.) anay/- U T