Bipin Kumar Yadav @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33529 of 2019 Arising Out of PS. Case No.-12 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Purnia ====================================================== BIPIN KUMAR YADAV @ BIPIN KUMAR, Son of Late Tetar Lal Yadav Resident of Village - Harda, P.S.- Maranga, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Case No. C I/12 of 2014, disclosing offences under Section 47(a) of the Excise Act.

The prosecution case is that the Excise officials, on the basis of secret information, raided, on 03.03.2014, the shop of the petitioner and recovered 4.740 litres of foreign liquor. Learned Counsel for the petitioner submits that the petitioner had no knowledge about the case lodged by the Excise Officials and the petitioner came to know about the present case only when he received summons on 15.01.2019, which was issued on 10.01.2019. He further submits that the

Patna High Court CR. MISC. No.33529 of 2019(2) dt.18-07-2019 2/2 petitioner is innocent and he is not the owner of the alleged shop and has been dragged in this case with oblique motive. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the shop from where the foreign liquor was recovered, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Bipin Kumar Yadav @ Bipin Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Purnea, in connection with Case No. C-I/12 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √