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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39440 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- AMAUR District- Purnia ====================================================== Suresh Yadav @ Suresh Kumar Yadav, Aged about 30 years, Male, Son of Pawan Lal Yadav, Resident of Village Gayandov, P.S. Amour, District Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2019 Heard both sides.

Petitioner apprehends his arrest in Amour P.S. Case No.186 of 2018, registered under Sections 272, 273, 182, 195 and 120(B) of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

Dilip Kumar Yadav disclosed in his written application that his brother Pappu Kumar Yadav came to his shop on his motorcycle and parked the motorcycle by the side of the shop but Suresh Yadav, who had enmity with his brother and had threatened his brother to implicate in a false and get his shop closed, kept some pouches and bottles containing liquor in the dickey of the motorcycle of his brother.

Learned counsel for the petitioner submits that the police searched the motorcycle and two pouches each containing

Patna High Court CR. MISC. No.39440 of 2019(2) dt.27-06-2019 2/2 600 ml. and two bottles each containing 180 ml. liquor were recovered from the dickey of the motorcycle. The informant alleged that it was petitioner who kept the liquor in the dickey of the motorcycle of his brother.

Taking into consideration the facts that the recovery was made from the dickey of the motorcycle of the brother of the informant and nothing has been recovered from the possession of the petitioner and the fact that nobody saw the petitioner keeping any liquor in the dickey of the motorcycle of the brother of the informant, let 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 this order, be enlarged 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 2nd Additional Sessions Judge-cum-Special Judge, Excise, Purnea in connection with Amour P.S. Case No.186 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T