Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33789 of 2018 Arising Out of PS. Case No.-12 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Ajay Yadav , son of Baleshwar Yadav, resident of Vill.- Badildih, P.S.- Khaira, District- Jamui.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Pankaj Kumar Sinha, learned counsel for the petitioner and Sri Anand Kishore Choudhary, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Khaira P.S. Case No.12 of 2017 registered for the offence under Sections 30(a)(d) of the Bihar Prohibition and Excise Act, 2016, having clean antecedent, which fact has been stated in paragraph-3 of the petition, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner submits that save and except confessional statement of co-accused, there is no other material to connect the petitioner in the present case. He submits that in the case, pick-up van being driven by Adhik Yadav was intercepted and from the said pick-up van about

Patna High Court Cr.Misc. No.33789 of 2018(2) dt.27-06-2018 2/2 675 Kg. of Mahua flower was recovered and on the disclosure made by the driver , the petitioner has been made accused. Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, considering the fact that the petitioner is having clean antecedent as well as the fact that save and except confessional statement of co-accused there is no other material to connect the petitioner, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Ajay Yadav be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District Judge 2nd, Jamui in connection with Khaira P.S. Case No.12 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T