Brahamdev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41634 of 2019 Arising Out of PS. Case No.-370 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Brahamdev Yadav, son of Late Bigu Raut, Resident of Village - Birwa, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Majhauliya P.S. Case No.370 of 2018 for the offence punishable under Sections 30(a), (d), 36/38 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police upon information that petitioner along with other co-accused persons were indulged in selling of illegal liquor from hut and surrounded the same and upon search, 3 litres of illegal liquor, from the hut belonging to Munna Singh @ Rajeev Sinha, has been recovered.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as

Patna High Court CR. MISC. No.41634 of 2019(2) dt.05-07-2019 2/2 petitioner has got no criminal antecedent and the fact is that no recovery of illegal liquor has been made from the premises or possession of the petitioner. Accordingly, he submits that no prima facie case is made out against the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing for the State and taking into consideration the fact that there is no recovery from the possession and premises of the petitioner, as such from perusal of First Information Report and the seizure list, I am satisfied that no prima facie case is made out against the petitioner. As such, I am inclined to grant anticipatory bail to this petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T