Ramdahin Yadav @ Ramdhin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58236 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- CHAKAND District- Gaya ====================================================== RAMDAHIN YADAV @ RAMDHIN YADAV Son of Durga Yadav Resident of Village- Dalli Bigha, P.S.- Belaganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manisha Prakash For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chakand P.S. Case no. 243 of 2021 instituted for the offence under Sections 30(a)(d)(g) of the Bihar Prohibition of Excise Act.
Prosecution case relates to recovery of several liquor manufacturing materials like: two quintals of jaggery, 250 kg. Mahua, 40 kg. Naushadas, one litre mahua liquor, weighing machine and cash of rs. 38,700/- were recovered from the house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.58236 of 2022(2) dt.18-11-2022 2/2 offence. Petitioner has no concern with the alleged recovery. At the instance of the Chaukidar, false recovery has been shown from the house of the petitioner. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chakand P.S. Case no. 243 of 2021, he will 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 Exclusive Special Excise Court No. 1, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U