Sanoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37402 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Sanoj Yadav, Son of Late Nemi Yadav, Resident of Village- Inargachi, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Abhishek Kumar, Advocate For the Opposite Party/s :

Sri Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Nagendra Prasad, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Excise Case No. 128 of 2018 , registered for the offence under Section 30(a) of the 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 by way referring to the statement made in paragraph no. 3 of the petition submits that petitioner is having clean antecedent. He further submits that in this case only on suspicion petitioner has been made accused, otherwise, no recovery was affected from either

Patna High Court Cr.Misc. No.37402 of 2018(2) dt.03-07-2018 2/2 conscious possession of the petitioner or his premises. He submits that in this case recovery was affected from the premises of Power House (Power Grid).

In view of the fact that petitioner is having clean antecedent as well as the fact that in this case recovery was affected from the premises of Power Grid, there is no reason to refuse the prayer for grant of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let petitioner Sanoj 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 4th Additional Sessions Judge cum Special Judge, Excise at Motihari, East Champaran / concerned court in connection with Excise Case No. 128 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