Vinay Yadav @ Vinay Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60758 of 2019 Arising Out of PS. Case No.-324 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Vinay Yadav @ Vinay Kishore yadav (Male) age 28 years, S/o Indrajit Yadav, R/o Village- Bhaluhipur, P.S.- Arrah Town, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Kumar, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Arrah Town P.S. Case No. 324 of 2019 registered under section 30(a) Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that the police on secret information that the petitioner and another were indulged in business of liquor proceeded towards the place of occurrence and recovered a total quantity of 20 liters of illicit liquor from the lavatory. The name of the petitioner has transpired on the basis of secret information received by the police.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as the petitioner has got no criminal antecedent and his

Patna High Court CR. MISC. No.60758 of 2019(2) dt.25-09-2019 2/2 name has transpired on the basis of the secret information received by the police. Learned counsel further submits that the illicit liquor has not been recovered from the conscious possession of the petitioner and from perusal of the FIR, it would be evident the same has been recovered from the public lavatory. Having regard the submission made by learned counsel for the parties and taking into consideration the fact that the illicit liquor has not been recovered from the possession and premises belonging to the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge-cumSpecial Excise Act, Bhojpur Arrah in connection with Arrah Town P.S. Case No. 324 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U