Shambhu Yadav @ Shambhu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78298 of 2018 Arising Out of PS. Case No.-380 Year-2017 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Shambhu Yadav @ Shambhu Kumar Yadav, Son of Chhedi Yadav @ Chedi Yadav, Resident of village- Kakarghatti, P.S.- Darbhanga Sadar, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13, Adv.
Mr. Rohit Kumar, Adv.
For the Opposite Party/s :
Smt. Rita Verma, APP 126 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 This is an application for grant of anticipatory bail in connection with Sadar P.S. Case No. 380 of 2017, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Allegation is of recovery of 36 cartoons each containing 24 bottles of 375 ml. and 31 cartoons each containing 48 bottles of 180 ml. of liquor from the brick-kiln of Rajo Singh and Ashok Sah and the petitioner is also named in the F.I.R.
Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the F.I.R. itself shows that there is no recovery from the
Patna High Court Cr.Misc. No.78298 of 2018(2) dt.08-01-2019 2/2 possession of the petitioner rather it is recovered from the brickkiln of other co-accused persons. Further, petitioner has no criminal antecedent.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, IV-cum-Special Judge, Darbhanga, in connection with Sadar P.S. Case No. 380 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) Amjad/- U T