Patna High CourtCR. MISC./62298/2022allowed

Subhash Yadav v. The State Of Bihar

2022-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62298 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== Subhash Yadav S/O Bairo Yadav @Bhair Yadav R/O Village- Bhediharwa, P.S- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 205.83 litres of illicit country made liquor from a bush. The recovery of 119.160 litres of illicit liquor was also made from a motorcycle standing at the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.62298 of 2022(2) dt.02-12-2022 2/2 possession of the petitioner. The petitioner has no concern either with the place of recovery or the seized illicit liquor or the motorcycle.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 206 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T