Anirudh Yadav @ Anrudh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50071 of 2019 Arising Out of PS. Case No.-470 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== ANIRUDH YADAV @ ANRUDH RAI Son of Yogendra Rai Resident of Village - Jagir Karariya, P.S.- Kotwa, Distt - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Pandey For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered under Section 30(a) of the Bihar Prohibition Excise Act, 2016.
15.750 litres of foreign liquor is said to have been recovered from the business centre of the petitioner and petitioner managed to escape.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or place of recovery. As vending of liquor in the State of Bihar has been banned by the
Patna High Court CR. MISC. No.50071 of 2019(3) dt.04-11-2019 2/2 government, hence there is no business centre in the State of Bihar and alleged recovery from the said business centre is false and concocted. There is violation of Section 100 Cr.P.C. No offence under Excise Act is made out against the petitioner. Petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Addl. Sessions Judge cum Special Judge, Excise, East Champaran, Motihari in connection with Excise Case No. 470 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) mantreshwar/- U T