Mahadeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70646 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- SATHI District- West Champaran ====================================================== MAHADEO YADAV Son of Late Kamal Yadav Resident of VillageBasantpur, Police Station- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

The petitioner apprehends his arrest in Sathi P.S. Case No.37 of 2019 registered under Sections 272, 273, 413, 414, 467, 468, 471 and 34 of the Indian Penal Code and under sections 30(a), 30(b), 30(c) of the Bihar Prohibition and Excise Act.

The informant got information that by the side of Sikarahana river many persons dealing in illicit liquor had assembled. The police reached there but on seeing the police, the accused persons started fleeing away. On chase one Sheo Balak Mukhiay was apprehended and he disclosed the name of other accused. 50 litres of country made liquor was recovered from there. It is further alleged that at another place also many persons dealing in illicit liquor had assembled. On chase, only Raj Kumar Mukhiya was apprehended and Raj Kumar Mukhiya

Patna High Court CR. MISC. No.70646 of 2019(3) dt.18-12-2019 2/2 disclosed the name of other accused persons including the petitioner.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner save and except the fact that Raj Kumar Mukhiya disclosed the name of other accused including the petitioner. There is nothing on record to show that the petitioner ever indulged in any trade of transporting and selling illicit liquor. The petitioner has got no criminal antecedent.

Having considered the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Sathi P.S. Case No.37 of 2019 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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