Laxman Yadav @ Laxman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59344 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

LAXMAN YADAV @ LAXMAN Son of Dinesh Yadav Resident of VillageBengalipar, P.S.-Sheikhpura, District-Sheikhpura. 2.

Dinesh Yadav Son of Late Raghunandan Yadav Resident of VillageBengalipar, P.S.-Sheikhpura, District-Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-09-2019 Heard both sides.

The petitioners apprehend their arrest in Sheikhpura P.S. case No. 305 of 2019 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The police on secret information that some persons were selling liquor raided a place situated near Shiva temple and arrested one Mukesh Kumar with a bag containing 9 liters of country made liquor. Mukesh Kumar is said to have disclosed the name of three persons, who managed to flee away from the place of occurrence.

The learned counsel for the petitioners submits that petitioner No.1 is son of petitioner No.2. The petitioners have

Patna High Court CR. MISC. No.59344 of 2019(2) dt.25-09-2019 2/2 got no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioners.

Taking into consideration the facts that recovery was not made from the conscious possession of the petitioners and name of the petitioners figured in the case in the statement of Mukesh Kumar, who was apprehended with liquor, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IISheikhpura, in connection with Sheikhpura P.S. case No. 305 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T