Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46539 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Rakesh Yadav, Son of Rameshwar Yadav Resident of Village- Ariyaon, P.S.- Krishnabrahm, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Brahmpur (Krishnabrahm) P.S. Case No.79 of 2019 for the offence punishable under Sections 30(A) of Bihar Prohibition and Excise Act.

The allegation against the petitioner, as per the FIR is that on 10.03.2019, on the basis of secret information, police reached near the open field of brick-kiln of one Dasrath Yadav and from the hayrick, 1166.40 litres of illicit liquor were recovered. Mr. Bachchanji Ojha, learned counsel for the petitioner, submits that petitioner is innocent and having no criminal antecedent and he further submits that from perusal of the seizure list, it is evident that the illicit liquor has been recovered from the brick-kiln belonging to Dasrath Yadav and from the heap of paddy.

Patna High Court CR. MISC. No.46539 of 2019(2) dt.26-07-2019 2/2 Learned counsel further submits that the brick-kiln and the heap of paddy and the place from where the alleged illicit liquor were recovered, do not belong to the petitioner. Accordingly, submission is that from perusal of the First Information Report and the seizure list, no prima facie case is made out against the petitioner. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that no recovery of illicit liquor has been made from the premises belonging to the petitioner and petitioner has got no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, 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 A.D.J.-II-cum-Special Judge (Excise) Act, Buxar, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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