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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35777 of 2020 Arising Out of PS. Case No.-143 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== SOHAN YADAV @ SOHAN KUMAR @ SOHAN KUMAR YADAV SON OF BISHESHWAR YADAV RESIDENT OF VILLAGE CHHAPRAHI P.S KHAJAULI DISTRICT MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2021 Heard both sides.

The petitioner apprehends his arrest in Jaynagar P.S. Case No.143 of 2019 registered under Sections 272, 273, 120B and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

The informant alleged that he got information that Kumar Rohita along with Vijay Sah, Sohan Yadav(the petitioner), Kari Yadav, Shambhu Yadav, Pintu Choudhary, Manish Kumar, Munna Rohita, Amit Kumar Rai, Ram Kumar Rai and others brought the liquor and they were to transport the liquor to another place. On such, a raid was conducted. More than 250 litres of liquor was recovered. The informant further disclosed that Choukidar identified Pintu Choudhary, Munna Rohita, Amit Rai, Ram Kumar Rai and Manish Kumar who

Patna High Court CR. MISC. No.35777 of 2020(2) dt.22-03-2021 2/2 managed to flee away from the place of occurrence. The learned counsel for the petitioner submits that petitioner is named in the F.I.R. on the basis of disclosure made by unknown person to the informant. The petitioner was not found even fleeing away from the place of occurrence. Taking into consideration the facts that nothing has been recovered from the possession of the petitioner and the recovery was made from a lonely place situated in the field of Vijay Sah and even the Choukidar did not identify the petitioner fleeing away from the place of occurrence, let the petitioner, above named, in the event of his arrest or surrender within a period of 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 the learned Additional Sessions Judge 2nd-cum-Special Judge, Excise Act, Madhubani in connection with Jaynagar P.S. Case No.143 of 2019/G.R. No.589 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.