Amrendra Kumar Yadav @ Ritu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69842 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Amrendra Kumar Yadav @ Ritu Kumar, S/o Dhirendra Yadav, R/o villageGausha, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Kant For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The prosecution case is that raid was laid in the house of one Vidyanand Yadav and recovery of 594.36 litres of Indian Made Foreign Liquors was made and co-accused Vidyanand Yadav was apprehended from the place of seizure, who disclosed to the police that the liquor was stored by co-accused Ranjit Kumar, Hari Mohan Yadav, Kapil Yadav and petitioner, Amrendra Kumar Yadav @ Ritu Kumar.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the conscious physical

Patna High Court CR. MISC. No.69842 of 2019(2) dt.20-11-2019 2/2 possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the person, from whose house, the liquor was being recovered, disclosed the name of the petitioner.

Considering the fact that the recovery has not been made from the conscious physical possession of the petitioner and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge2nd, Darbhanga in connection with G.O. Case No. 877 of 2018, arising out of Darbhanga Sadar P.S. Case No. 397 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T