Jitendra Kumar Yadav @ Chunu Ray @ Chunnu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60625 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== JITENDRA KUMAR YADAV @ CHUNU RAY @ CHUNNU YADAV Son of Ramjanam Rai Resident of Village - Senduar, Ghusia Tola, P.S.- Janta Bazar, presently R/o at Nawansi village - Rampur, Noornagar, P.S.- Jalalpur, Distt - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Janta Bazar P.S. case No. 129 of 2019 registered under Section 272, 273,34 of the IPC and u/s 30(a), 38, 41 of the Bihar Prohibition & Excise Act.

The informant got information that Kamlesh Yadav had kept huge quantity of liquor in his house. On such, police went to raid the house of Kamlesh Yadav but Kamlesh Yadav managed to flee away. On search, 468 liters of Indian made foreign liquor of different brands were recovered from the courtyard of Kamlesh Yadav. The petitioner is alleged to be partner of Kamlesh Yadav.

The learned counsel for the petitioner submits that there is no material to show that petitioner was partner of

Patna High Court CR. MISC. No.60625 of 2019(2) dt.16-10-2019 2/2 Kamlesh Yadav. Nothing has been recovered from the possession of the petitioner. The petitioner was not found fleeing away from the house of Kamlesh Yadav. The recovery was made from the house and courtyard of Kamlesh Yadav. Taking into consideration the facts that nothing has been recovered from the possession of the petitioner rather recovery was made from the house of Kamlesh Yadav and the petitioner is only alleged to be partner of Kamlesh Yadav that too without any cogent material, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI-cum-Special Judge, Excise Act, Saran at Chapra in connection with Janta Bazar P.S. case No. 129 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.