Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77519 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Awadhesh Yadav S/o Dhuri Yadav, R/o Vill.- Singhpur Haraiya, P.S.- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 This application, for grant of anticipatory bail, arises out of Raxaul P.S. Case No. 152 of 2018, disclosing offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is of recovery of 1.8 litres of liquor from the dickey of his car.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the car from which, the alleged recovery has been made does not belong to the petitioner rather the same is running in the name of other person, though it is alleged that petitioner has purchased the said car.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.77519 of 2018(3) dt.12-04-2019 2/2 circumstances of the case, quantity of recovery as well as the fact that petitioner has no criminal antecedent, this application is allowed. 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. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge cum Special Judge Excise, East Champaran at Motihari, in connection with Raxaul P.S. Case No. 152 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T