Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79160 of 2018 Arising Out of PS. Case No.-307 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Shambhu Yadav Son of Late Badri Yadav, Resident of Village - Jhirwa Nadi Tola, Police Station Uchakagaon, District Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioner apprehends his arrest in Uchakagaon P.S. Case No.307 of 2018 registered under Sections 30(a), 35, 38, 37(c) of Bihar Prohibition and Excise Act. The petitioner is named in the F.I.R. on the allegation that 9 liters 360 ml. liquor was recovered from the bamboo bush situated behind the house of the petitioner.

The learned counsel for the petitioner submits that for any recovery made from the bamboo bush situated behind the house of the petitioner, petitioner cannot be responsible. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.79160 of 2018(2) dt.25-01-2019 2/2 of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Uchakagaon P.S. Case No.307 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T