Dipu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65896 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== DIPU YADAV, Male, aged about 26 years, S/o Mosafir Yadav @ Musafir Yadav, Resident of Village- Asurain, P.S.- Tankupa, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272/273 of the Indian Penal Code and 30 (a) of the Bihar Liquor Prohibition and Excise Act, 2016.

The prosecution case in brief is that informant who happen to be A.S.I. of Tankupa Police Station got secret information that one male and female are coming with liquor. He along with other Police personnel when reached near the Gas Godawn saw the persons throwing their bag in the buses and tried to fled away. On being apprehended the petitioner and one lady have been arrested and it is alleged that their respective bags 15 and 25 liters of Mahua liquor recovered.

Patna High Court CR. MISC. No. 65896 of 2019(2) dt.05-11-2019 2/2 Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather, recovery has been made from the back of Gas Godawn. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.07.2019 and has got one similar criminal antecedent in Tankupa P.S. Case No. 50 of 2018 registered u/s 272/273 and Bihar Excise Act in which he is on bail.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya, in connection with Tankupa P.S. Case No. 76 of 2019.

(Anjani Kumar Sharan, J) amitkumar/- U T