Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53885 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAM PRAVESH YADAV, Son of Jang Bahadur Rai Resident of VillageLaxmipur, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2019 The petitioner apprehends his arrest in connection with Muffasil P.S.Case No. 180 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that the police, on secret information, intercepted one Sumo Vehicle loaded with liquor and upon seeing the police party, six persons sitting in vehicle, fled away and they were identified as petitioner and others by the spy of the police. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case. He submits that alleged Sumo vehicle, from which a total quantity of 245 litres of illicit liquor has been recovered, does not belong to the petitioner, as stated in para-10

Patna High Court CR. MISC. No.53885 of 2019(2) dt.28-08-2019 2/2 of the bail application. Accordingly, submission is that no illicit liquor has been recovered from the conscious possession or from the vehicle belonging to the petitioner. After having heard learned counsel for the parties and taking into consideration the fact that no recovery has been made from the possession of the petitioner or the vehicle belonging to the petitioner and further petitioner has got no criminal antecedent as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cumSpecial Judge, Excise, East Champaran, Motihari in connection with Muffasil P.S.Case No. 180 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T