Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60440 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Ashok Yadav, S/o Bihari Yadav, R/o Village- Karsar, P.S.- (Sonversa O.P.) Nawanagar, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Agiyaon Bazar P.S. Case No. 24 of 2019, registered under Section 30(a) of the Bihar Excise Act.

The accusation is of recovery of 26,400 bottles each containing 180 ml, 900 bottles each containing 180 ml, 28,050 bottles each containing 180 ml Indian made foreign liquor, kept in different cartoons, in side the road of village Mishrawaliya Agiyaon Bazar P.S., Bhojpur. On seeing the police party, 10 to 12 persons succeeded to flee away. The informant and local Choukidar identified the petitioner, Arbind Singh, Manjit Kumar Singh, Kamlesh Singh and Lallu Yadav, who succeeded to flee

Patna High Court CR. MISC. No.60440 of 2019(2) dt.24-09-2019 2/2 away and people also disclosed that aforesaid persons used to do business of illicit liquor.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the place of occurrence is of village Mishrawaliya, Agiyaon Bazar P.S., Bhojpur at Ara, while petitioner is the resident of village- Karsar, P.S.(Sanvorsa O.P.), Nawanagar, Buxar but with ulterior motive, the present case has been lodged with false allegation. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV-cum-Special Judge, Excise Act, Bhojpur Arrah, in connection with Agiyaon Bazar P.S. Case No. 24 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T