Arvind Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75822 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- DIDARGANJ District- Patna ====================================================== Arvind Kumar Yadav Son of Gauri Ray Resident of Village-Mirzapur,Police Station Raghopur,Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 30 (a), 38 (i) of Bihar Prohibition and Excise Act. It is submitted by the petitioner's counsel that on allegation of recovery of 12 liters of country made liquor, petitioner is in custody since 22.09.2018. It is further submitted that the petitioner has falsely been implicated and that seizure is contrary to the procedure prescribed under Section 100 of Criminal Procedure Code.

Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on

Patna High Court Cr.Misc. No.75822 of 2018(2) dt.17-12-2018 2/2 his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in Special Case No 8818 of 2018 arising out of Didarganj Police Station case No 169 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T