Raj Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46371 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== RAJ KISHOR YADAV Son of Babu Naryan Yadav Resident of Village - Motipur, P.S.- Bahera, District - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-07-2019 Heard both sides.

The petitioner apprehends his arrest in Bahera P.S. case No. 156 of 2019 registered under Section 30(A), 32(III), 41(I) of the Bihar Prohibition & Excise Act.

The informant, after having received secret inputs, intercepted a car but after seeing the police two persons started fleeing away from the car. One person was apprehended on chase. Another person managed to flee away. The apprehended accused disclosed his name as Atish Kumar Chaupal. The apprehended accused further disclosed that Pramod Yadav, who was living with him in Delhi, asked him to carry the liquor in car and they were going to deliver the liquor to Raj Kishor Yadav, the petitioner.

The learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.46371 of 2019(2) dt.26-07-2019 2/2 was Pramod Yadav and driver of the car, namely, Atish Kumar Chaupal, who were carrying liquor for sale but they falsely disclosed the name of petitioner. The petitioner has got no criminal antecedent.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that nothing has been recovered from the possession of the petitioner and the name of petitioner figured in the case on the disclosure made by Atish Kumar Chaupal that he was going to deliver the liquor to petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Darbhanga in connection with Bahera P.S. case No. 156 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T