Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35363 of 2018 Arising Out of PS. Case No.-308 Year-2018 Thana- Bodhgaya District- Gaya ====================================================== Nandu Yadav Son of Rajendra Yadav R/o Village- Chapri, P.S. Bodh Gaya, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-06-2018 Heard Sri Ajay Kumar Sinha, learned counsel for the petitioner and Smt. Asha Kumari, learned Addl. Public Prosecutor.

The sole petitioner, having clean antecedent which fact has been stated in paragraph - 3 of the petition apprehending his arrest in Bodh Gaya P.S. Case No. 308 of 2018 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner, at the very outset, has drawn my attention to the seizure list i.e. enclosure to the F.I.R. at page 12 to show that in the case, recovery of about 30 liters Mahua liquor was shown from a field, which was about 150 meters away from the house of the petitioner and it has been

Patna High Court Cr.Misc. No.35363 of 2018(2) dt.27-06-2018 2/2 argued that it was an open field and petitioner was not having connection with the seized articles.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, considering the fact that petitioner is having clean antecedent and nothing was recovered from his conscious possession or from his premises, there is no reason to refuse the prayer for anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Nandu Yadav be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya in connection with Bodh Gaya P.S. Case No. 308 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T