Nagender Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77639 of 2018 Arising Out of PS. Case No.-863 Year-2018 Thana- BIHTA District- Patna ====================================================== Nagender Yadav S/o Kamaldev Yadav, R/o Vill.- Daulatpur, P.S.- Bihta, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Kant Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 Petitioner apprehends his arrest in connection with Special Excise Case No. 7205 of 2018, arising out of Bihta P.S.Case No. 863 of 2018 registered for the offence punishable under Section 30(A) of Bihar Prohibition and Excise Act. Allegation as per FIR is that police on information of manufacturing of liquor raided the place and accused persons succeeded in fleeing away and 20 litres of liquor were recovered from the place and Choukidar of the village has named this petitioner and eight other accused persons.

Submission of learned counsel for the petitioner is that nothing has been recovered from his conscious possession and he has been named by Choukidar of the village and he has got no criminal antecedent.

Heard learned APP also.

Patna High Court Cr.Misc. No.77639 of 2018(2) dt.02-01-2019 2/2 Having heard both sides and in the facts and circumstances, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna, in connection with Special Excise Case No. 7205 of 2018, arising out of Bihta P.S.Case No. 863 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T