Binay Kumar @ Barak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58106 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- NOKHA District- Rohtas ====================================================== BINAY KUMAR @ BARAK YADAV S/O Sri Mahendra Yadav Resident of Jalim Tola P.S. - Nokha, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Indu Kumari Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of about 384 liters of illicit liquor in front of the house of one Birendra Singh. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the said liquor was not recovered from the conscious or constructive possession of the petitioner and his name was identified by local Chaukidar and he has not been apprehended at the spot. Petitioner has got clean antecedent. Learned APP appearing for the State has opposed the

Patna High Court CR. MISC. No.58106 of 2021(2) dt.27-04-2022 2/2 prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Rohtas at Sasaram in connection with Nokha P.S. Case No. 15 of 2021 (G.R. Case No. 82 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T