Arvind Yadav @ Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62008 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== ARVIND YADAV @ ARVIND KUMAR SINGH Son of Jag Mohan Yadav Resident of Village-Inarpatpur, P.S-Hasan Bazar (O.P), District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner apprehends his arrest in connection with Agiaon Bazar P.S. Case No. 104 of 2019, Excise Case No. 1399 of 2019 registered under Sections 30 (a) of the Bihar Excise & Prohibition Act, 2018.

The allegation against the petitioner as per first information report is that police intercepted the Bolero vehicle in which three persons were sitting. However, all three persons succeeded in fleeing away and police recovered total quantity of 747.00 liters of illicit foreign liquor from the said vehicle.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case inasmuch as no illicit liquor has been recovered from his conscious possession and the Bolero vehicle from which the alleged illicit

Patna High Court CR. MISC. No.62008 of 2019(2) dt.17-10-2019 2/2 liquor was recovered does not belong to the petitioner as stated in para-8 to this petition. Learned counsel for the petitioner further submits that petitioner has got no criminal antecedent. After having heard learned counsel for the parties and taking into consideration the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and vehicle does not belong to the petitioner , I am inclined to grant anticipatory bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the Court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-cum-Special Judge, Excise Act, Bhojpur at Ara connection with Agiaon Bazar P.S. Case No. 104 of 2019, Excise Case No. 1399 of 2019; subject to the condition as laid down hereinabove and under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) T.Kr./- U T