Ashok Yadav @ Ashok Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66207 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Ashok Yadav @ Ashok Ray Son of Late Fudi Rai Resident of Mohalla-Pathar Ghat,P.S. Malsalami,Distt.-Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 231 of 2018 corresponding to Special Case No. 5705 of 2018 registered for the offences punishable under Sections 272 and 273/34 of the Indian Penal Code read with Section 30(a) of Bihar Excise and Prohibition Act, 2016. The first information report goes to show that the alleged recovery of country made liquor was made from Mushahari Nala and the persons, who had assembled at the time of aforesaid recovery, disclosed the name of petitioner. Para 3 of the petition goes to show that prior to institution of present case, three cases of similar nature were

Patna High Court Cr.Misc. No.66207 of 2018(2) dt.17-12-2018 2/2 registered against the petitioner but submission on behalf of the petitioner is that all the above stated cases were registered against the petitioner only on the basis of confessional statement as well as disclosure made by unknown persons and as a matter of fact, nothing was recovered from conscious possession of the petitioner in the aforesaid cases also.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in Malsalami P.S. Case No. 231 of 2018 corresponding to Special Case No. 5705 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/-rajeev U T