Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49953 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- JAMHOR District- Aurangabad ====================================================== SHANKAR YADAV Son of Late Chandardev Yadav Resident of Village - Jamhor, P.S.- Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard both sides.

The petitioner apprehends his arrest in Jamhor P.S. case No. 73 of 2019 registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

The informant disclosed that on secret information that the petitioner was selling liquor from the house of Pintu Sah, the informant raided the house of Pintu Sah but the petitioner managed to flee away. 54 liters of country made liquor was recovered from the house of Pintu Sah. The learned counsel for the petitioner submits that petitioner has got no manner of concern with the house of Pintu Sah but the petitioner has falsely been implicated in the case at the instance of his enemy. There is no material to show that petitioner had kept liquor in the house of Pintu Sah. The

Patna High Court CR. MISC. No.49953 of 2019(2) dt.13-08-2019 2/2 petitioner has got no criminal antecedent.

Considering the facts that for recovery of 54 liter of country made liquor from the house of Pintu Sah the petitioner is named on the allegation that it was he who was selling liquor from there but nothing has been recovered from the possession of the 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-VII-cum-Special Judge, Excise Act, Aurangabad in connection with Jamhor P.S. case No. 73 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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