Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60090 of 2019 Arising Out of PS. Case No.-50 Year-2017 Thana- PASRAHA District- Khagaria ====================================================== PRADEEP YADAV Son of Chandeshwari Yadav @ Chandeshwar Prasad Resident of Village- Nand Lali, P.S.- Bihara, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2019 Heard both sides.

The petitioner apprehends his arrest in Pasraha P.S. Case No.50 of 2017 registered under Sections 30(a) and 37(a) of Bihar Prohibition and Excise Act.

The informant got information that one Pradeep Yadav, who was staying in community hall, was taking wine, on such, a raid was conducted but Pradeep Yadav managed to flee away. It is further alleged that one bottle containing 200 ml. liquor was recovered.

The learned counsel for the petitioner submits that the workers engaged in construction of road works were living in the community hall and there were many workers present there. Nobody has seen the petitioner taking wine. On mere suspicion, the informant named the petitioner and alleged that it was

Patna High Court CR. MISC. No.60090 of 2019(2) dt.15-10-2019 2/2 petitioner who was taking wine in the community hall. Taking into consideration the facts that petitioner was not apprehended on the spot and many workers, who were engaged in construction of roads, were living in the community hall, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Special Judge(Excise), Khagaria in connection with Pasraha P.S. Case No.50 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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