Bikram Yadav @ Bikram Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57950 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- SAKRI District- Madhubani ====================================================== Bikram Yadav @ Bikram Kumar Singh, S/O Jay Prakash Bhuwan @ Bhola Yadav, Resident of Village- Sagarpur, P.S.- Sakri, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sakari P.S. Case No. 130 of 2019, registered under Sections 30(a), 38(i), 41(i) of the Bihar Excise Act. The accusation is that in course of patrolling duty, on receiving secret information about loading and unloading of illicit liquor in the mango orchard of Baijnath Yadav at Industrial Area Sita Ghaghari, the informant along with other police personnel reached there and saw that a truck was parked in the mango orchard and 3-4 persons engaged in unloading the cartoon from the truck. On seeing the police party, they succeeded to flee away taking advantage of night. On search,

Patna High Court CR. MISC. No.57950 of 2019(2) dt.16-09-2019 2/2 1920.96 litres kept in different bottles Indian made foreign liquors were recovered from the truck.

Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the truck, from which, the bottles of Indian made foreign liquor are said to be recovered. In fact, petitioner is accused in three other cases, as detailed in paragraph 3 of the petition, due to that reason he has falsely been implicated in the present case mere on suspicion. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Sakari P.S. Case No. 130 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T