Arun Yadav @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43073 of 2019 Arising Out of PS. Case No.-31 Year-2017 Thana- SALAIYA District- Aurangabad ====================================================== Arun Yadav @ Arun Kumar Son of Ramvilas Yadav @ Bilash Yadav Resident of Village-Jogiya, P.S.-Guruwa, District-Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Salaiya Case No. 31 of 2017 registered under Section 30(a) of the Bihar Excise Act.
The accusation is that on receiving secret information about supply of liquor by Arun Yadav (petitioner), Jitendra Yadav, Bindeshwar Yadav and Upendra Manjhi near the Chalo mountain in village Jogiya and also selling the liquor in village Pirwa Tole, Bidhanagar near West Chalo mountain by Bindeshwar Yadav, Ranju Paswan, Sunil Yadav and Budhbhuiya, the informant along with other police personal reached there. On seeing the police party, four persons named in
Patna High Court CR. MISC. No.43073 of 2019(3) dt.30-09-2019 2/3 the FIR including the petitioner succeeded to flee away from village Jogiya taking advantage of forest and hill. On search, 20 litres country made liquor kept in a plastic gallon was recovered from the ditch at village Jogiya. Thereafter, police party proceeded towards village Pirwa near Chalo mountain then on seeing the police party, four persons succeeded to flee away taking advantage of forest and hill. On search, 15 litres kept in one plastic gallon recovered from the ditch at village Pirwa. On query, the informant and other police personnel came to know about the eight persons named in the F.I.R. including the petitioner were involving in selling the liquor.
Learned counsel for the petitioner submits that petitioner was not apprehended at the spot, in fact, he is accused in similar nature of case, i.e., Salaiya Case No. 19 of 2018, in which, he is on bail, due to that reason, informant implicated the petitioner in the present case without any basis. 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.
Patna High Court CR. MISC. No.43073 of 2019(3) dt.30-09-2019 3/3 Sessions Judge-VII-cum-Special Judge(Excise), Aurangabad, in connection with Salaiya Case No. 31 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T