Rajkishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43950 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== RAJKISHORE YADAV, aged about 35 years, Male, Son of Late Shivpujan Yadav, Resident of Village-Mirjapur, P.S-Raghunathpur, District-Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 17-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Raghunathpur P.S. Case No. 204 of 2018 for the offences alleged under Sections 30(c)(d), 36, 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that the informant, in course of patrolling duty, received the information that five persons, named in the first information report, including the petitioner, has kept the illicit liquor in village Mirzapur. Thereafter, the informant reached Arhar field of Vishwanath Singh in village Mirzapur, then, said persons started to flee away while they were chased, but, succeeded in fleeing away. On search of Arhar field, 220 cartons, each containing 48 bottles of 180 ml of Indian made foreign liquor recovered.

The submission of the learned counsel for the petitioner is that name of petitioner and other named accused has come in the knowledge of informant secretly in course of patrolling duty to keep the illicit liquor in the village and when the informant reached in the

Patna High Court CR. MISC. No.43950 of 2019(2) dt.17-07-2019 2/2 village, the seized liquor recovered from Arhar field and the petitioner was not apprehended at the spot. In fact, the petitioner has been made accused in Raghunathpur P.S. Case No. 241 of 2017 in similar nature of case in which he is on bail due to that reason the informant has implicated the petitioner in this case also on mere suspicion. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Raghunathpur P.S. Case No. 204 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Excise, Siwan, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T