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Patna High CourtCR. MISC./34078/2019allowed

Sahdeo Yadav v. The State Of Bihar

2019-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34078 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== Sahdeo Yadav, aged about 65 years, Gender-Male, Son of Late Lukhar Yadav, Resident of Village-Miadih, P.S.-Shampur, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2019 Heard.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 32 (3) of the Bihar Prohibition & Excise Act, 2016.

It is alleged in the FIR, on 10.03.2019 at about 16.00 o'clock the informant received secret information that near the river in the orchard of Subalal Singh, the huge quantity of liquor is being manufactured and sold by the petitioner (Sahdeo Yadav), upon such information the informant along with his associate reached near about the orchard of Subalal Singh, on seeing police one person has started fleeing away the said person was chased by the police but he was succeeded to flee away, local Choukidar has disclosed the name of the petitioner who had succeeded to flee away.

Patna High Court CR. MISC. No. 34078 of 2019(2) dt.22-08-2019 2/2 There is no recovery from the conscious possession of the petitioner and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 5th-cum-Special Judge (Excise Act), Munger in connection with Kharagpur P.S. Case No. 73 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T