Pramod Yadav @ Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33096 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- GOH District- Aurangabad ====================================================== Pramod Yadav @ Karu Yadav , Son of Ramdhani Yadav, Resident of VillageJhamanbigha, P.S.- Goh, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-06-2018 Heard Sri Bachan Jee Ojha, learned counsel for the petitioner and Sri Anuj Kumar Srivastava, learned Additional Public Prosecutor.

The sole petitioner, having clean antecedent, which fact has been stated in paragraph no. 3 of the petition , apprehending his arrest in connection with Goh P.S. Case No. 51 of 2018 , registered for the offence under Section 30(a)/ 38(1) of the Bihar Prohibition and Excise , 2016 , has prayed has grant bail in the event of his arrest or surrender. By way of referring to the F.I.R., learned counsel for the petitioner submits that in the case it was alleged that from the wheat field of the petitioner huge quantity of country made liquor was shown to be recovered and on this allegation petitioner has been made accused. It has been argued that

Patna High Court Cr.Misc. No.33096 of 2018(2) dt.14-06-2018 2/2 petitioner was not having any knowledge about the fact that in the field someone had kept country made liquor and only after the said recovery the petitioner has come to know about the occurrence.

Considering the nature of accusation, clean antecedent as well as the fact that recovery was made from an open field, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Pramod Yadav @ Karu Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned A.D.J.- VII cum Spl. Judge ( Excise), Aurangabad / concerned court in connection with Goh P.S. Case No. 51 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T