Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47893 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- FULKAHA District- Araria ====================================================== PAWAN YADAV @ PAWAN KUMAR YADAV Son of Chanar Yadav @ Chandradeo Yadav Resident of Village-Manikpur, P.S.-Fulkaha, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Fulkaha P.S. Case No. 50/2019, corresponding to Special Case No. 509/2019, instituted for offence under Section(s) 30(a), 37(c), 41(1) and 45 of the Bihar Prohibition and Excise Act.

It is alleged that during patrolling duty police saw two persons were riding on motorcycle having article between them. On chase driver of motorcycle, namely, Shrawan Kumar was apprehended by the police, from whose mouth smell of wine was coming. He disclosed name of this petitioner. It is alleged that 42.300 litres of Nepali liquor was recovered from aforesaid motorcycle.

Patna High Court CR. MISC. No.47893 of 2019(2) dt.07-08-2019 2/2 Petitioner is in custody since 15.06.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Addl. Sessions Judge-cum-Special Judge, Araria, in connection with Fulkaha P.S. Case No. 50/2019, corresponding to Special Case No. 509/2019, subject to the conditions that both the bailors shall be the close relative of the petitioner.

From para 3 of bail petition it appears that other cases of Excise Act are pending against this petitioner. The petitioner will file affidavit at the time of filing bail bond that he would not indulge in such type of activity in future. In the event, he is found indulged in such type of activity, his bail bond in the instant case will liable to be cancelled. (Sanjay Priya, J) rakhi/- U T