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Patna High CourtCR. MISC./31198/2018bail granted

Rajeev Yadav And ANR v. The State Of Bihar

2018-05-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31198 of 2018 Arising Out of PS. Case No.-636 Year-2017 Thana- KHAGARIA District- Khagaria ======================================================

1. Rajeev Yadav son of Kishun Yadav

2. Manish Yadav @ Manish Kumar son of Gorakh Yadav Both R/o Village Baluahi, Ward No. 24, P.S. & District - Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek Anticipatory bail in connection with Khagaria P.S. Case No. 636 of 2017 registered under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) Bihar Prohibition Excise Act, 2016.

Informant is the Assistant Sub-Inspector of Police, who in his written complaint has alleged that on 17.09.2017while he was on patrolling duty he received a secret information that petitioners have concealed Foreign Liquor and when he went there 750ml of Royal Stag bottle of Foreign liquor were seized from place of occurrence. However, after seeing the police party, petitioners fled away and could not be

Patna High Court Cr.Misc. No.31198 of 2018(2) dt.24-05-2018 2/2 apprehended.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case due to village rivalry. Nothing has been recovered from their possession and the so-called recovery made does not concern the petitioners and same was recovered from a vacant land behind the house of Umesh Singh (Patrakar).

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Khagaria, in connection with Khagaria P.S. Case No. 636 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J.) veena/-sneha U T