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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36684 of 2020 Arising Out of PS. Case No.-255 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Arun Yadav @ Arun Kumar Yadav, Son of Sukhal Yadav, Resident of Village - Machargawa, P.S.- Kotwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Excise Case No. 255 of 2020, registered under Sections 30(a) and 41(i) of the Bihar Excise Act.

The accusation is of recovery of five drums each containing 200 litres spirit from inside of the road, while Arun Yadav (petitioner) succeeded to flee away on receiving information about the raid.

Patna High Court CR. MISC. No.36684 of 2020(2) dt.25-06-2021 2/2 Learned counsel for the petitioner submits that it would appear from the FIR that petitioner was not apprehended at the spot and the drums of alleged illicit spirit are said to be recovered inside the road not from the house of the petitioner. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran, in connection with Excise Case No. 255 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T