Chandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41320 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== 1.

CHANDESHWAR YADAV Son of Ram Swaroop Yadav Resident of Village - Mohkaerap, P.S. and District - Nawada.

2.

Sanjay Yadav Son of Munshi Yadav Resident of Village - Mohkaerap, P.S. and District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This application, for grant of anticipatory bail, arises out of Rajauli P.S. Case No. 112/2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

prosecution case is that police on information that some persons are selling liquor in the village, raided the place and Mohkama and recovered 100 litres of mahua liquor and the accused persons succeeded in fleeing away.

Submission of learned counsel for the petitioners is that the F.I.R. does not disclose that the recovery has been made from the house or from the possession of the petitioners. Further submission is that they have no criminal antecedents and have

Patna High Court CR. MISC. No.41320 of 2019(2) dt.04-07-2019 2/2 falsely been implicated in this case and there is no source of identification of the petitioners.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. -II cum Special Judge, Nawada, in connection with Rajauli P.S. Case No. 112/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T