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Patna High CourtCR. MISC./10113/2018bail granted

Arun Yadav v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10113 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- JAMUI District- Jamui ====================================================== Arun Yadav S/o Jagdish Yadav, R/o Village- Harbanshpur, P.S.- Chanan , District- Lakhisarai, at present Mohalla- Eklavya College Road, Bodhwan Talab, Shanti Nagar, Jamui, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. SRI AJAY KUMAR-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jamui P.S. Case No. 102 of 2017 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 87 litres of illicit liquor from the Sumo Gold vehicle. Upon interrogation of the driver of the said vehicle, he named the petitioner to be one person who had fled away..

The learned counsel for the petitioner submits that neither the said Sumo Gold vehicle belongs to him nor any recovery has been made from his possession. It is further submitted that false

Patna High Court Cr.Misc. No.10113 of 2018(2) dt.27-02-2018 2/2 and fabricated allegation has been levelled against the petitioner. Considering the nature of accusation and the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case No. 102 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T