Nawal Yadav @ Nawal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39684 of 2020 Arising Out of PS. Case No.-348 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== NAWAL YADAV @ NAWAL RAY, son of Vinda Ray @ Binda Yadav R/v.- Suryapura, P.S.- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-06-2021 Heard Mr. Yogesh Chandra Verma, learned senior Advocate for the petitioner and Mr. Umeshanand Pandit, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Basantpur P. S. Case No. 348 of 2020, instituted for the offences under Sections 272, 273 and 308 of the Indian Penal Code and Section 30 (A) of Bihar Prohibition and Excise Act, 2016. According to the F.I.R., a raid was conducted in the sweet-shop of one Anil Sah. Later, the police went in front of the shop, selling Chinese eatables, belonging to the petitioner. Seeing the police party, the petitioner is

Patna High Court CR. MISC. No.39684 of 2020(2) dt.08-06-2021 2/3 said to have thrown a jerkin in a pool of water. When the jerkin was taken out, it was found to contain four litres of locally brewed mahua liquor.

The learned counsel for the petitioner has submitted that beyond the aforesaid accusation, there is no other material to connect the petitioner with the alleged offence. The jerkin containing mahua liquor was taken out from a water body and therefore cannot be stated to be recovered from the possession of the petitioner.

The learned counsel for the petitioner further submits that a story has been developed about the petitioner having thrown a gallon containing liquor only for justifying the raid of the police. It appears that the petitioner is being prosecuted in this case only as a cover up of the action of the police in raiding certain shops in a locality.

The petitioner does not have criminal antecedents.

Patna High Court CR. MISC. No.39684 of 2020(2) dt.08-06-2021 3/3 The learned senior Advocate of the petitioner, therefore, submits that no offence under anyone of the Sections of the Excise Act can, at all, be said to have been made out.

Considering the afore-stated facts the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum 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, Siwan, in connection with Basantpur P. S. Case No. 348 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T