Nand Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11003 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -AKBARPUR District- NAWADA ====================================================== Nand Lal Yadav, Son of Late Parsadi Yadav, Resident of Village- Jalalpur, Police Station- Akbarpur in the district of Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Excise Case No. 2929 of 2017 arising out of Akbarpur P.S. Case No. 202 of 2017 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 196.875 liters of illicit liquor from a Panchayat Bhawan.

The learned counsel for the petitioner submits that neither any recovery has been effected from the person of the petitioner nor the petitioner has got anything to do with the said Panchayat Bhawan. It is further submitted that the petitioner is having a fair antecedent baring one case in which he is already on

Patna High Court Cr.Misc. No.11003 of 2018 (2) dt.27-02-2018 2/2 bail.

Considering the nature of accusation levelled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Special Judge, Nawada in connection with Excise Case No. 2929 of 2017 arising out of Akbarpur P.S. Case No. 202 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) BTiwary/- U T