Upendra Upadhyay @ Jhuman Upadhyay @ Jhamman Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79085 of 2018 Arising Out of PS. Case No.-463 Year-2018 Thana- KUDRA District- Kaimur (Bhabua) * ====================================================== Upendra Upadhyay @ Jhuman Upadhyay @ Jhamman Pandey son of Radhe Shyam Upadhayay Resident of village - Kewadhi, Police Station - Kudra, District- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 This is an application for grant of anticipatory bail in connection with Kudra P.S. Case No. 463 of 2018, disclosing offences under Sections 30(A), 37(i) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 18 liters foreign liquor from the house of one co-accused person and it is alleged that the petitioner had fled away from there.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the house is of other co-accused person and nothing has been recovered from his conscious possession. Further, he has no criminal antecedent.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.79085 of 2018(3) dt.28-02-2019 2/2 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 VI-cum-Special Judge, Excise Act, Kaimur at Bhabua, in connection with Kudra P.S. Case No. 463 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T