Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67066 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- Lokha District- Supaul ====================================================== Arun Yadav Son of Late Jamun Yadav Village- Laukaha (Ward No. 11, PsLaukaha, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Laukaha Police Station Case No. 25 of 2024, dated 30.05.2024, disclosing offences under Sections 30(a) Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 30.05.2024, the informant-police officer received secret information that one Arun Yadav (petitioner) was indulged in selling liquor from bamboo clump, proceeded towards the place of occurrence. Upon seeing the police party, the petitioner threw one plastic

Patna High Court CR. MISC. No.67066 of 2024(2) dt.03-10-2024 2/3 bag, containing illicit liquor, and fled away. Upon search, the police recovered 30 liters of country made liquor from the bamboo clump.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of secret information received by the police. He further submits that illicit liquor has been recovered from the bamboo clump of the petitioner which is open space accessible to all and sundry.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from open space accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned In-charge Special Judge (Excise) Court No. 1, Supaul, in connection with Laukaha Police Station Case No. 25 of 2024, subject to the

Patna High Court CR. MISC. No.67066 of 2024(2) dt.03-10-2024 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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