Pappu Yadav @ Suman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47406 of 2014 Arising Out of PS.Case No. -78 Year- 2013 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pappu Yadav @ Suman Yadav Son of Late Sita Ram Yadav Resident of Village - Raxaul Town, P.S. - Raxaul Town, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Raxaul P.S. Case No. 78 of 2013 dated 03.04.2013 instituted under Sections 272/273 of the Indian Penal Code and 47 (a) of the Bihar Excise Act.

The allegation against the petitioner is that he is the landlord of the premises from which 1800 pouches of countrymade liquor have been recovered.

Learned counsel for the petitioner submits that neither was he caught from the premises nor the license for the

Patna High Court Cr.Misc. No.47406 of 2014 (2) dt.14-05-2015 2/2 shop was in his name and the only connection of the petitioner was that he had given the premises belonging to him on rent to one Taramati Devi in whose name there is valid license and further the allegation against one Pradeep Kumar is of running the liquor shop who has also been made an accused and has been granted anticipatory bail by a co-ordinate Bench of this Court on 21.03.2014 in Cr. Misc. No. 2982 of 2014, copy of which has been made Annexure-4 in the present application. It is further submitted that the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in Raxaul P.S. Case No. 78 of 2013, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Anjani/- U T