Patna High CourtCR. MISC./10999/2018bail granted

Lalu Yadav v. The State Of Bihar

2018-02-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10999 of 2018 ====================================================== Lalu Yadav, son of Nanhku Yadav @ Nanhaku Yadav, Resident of VillageJaila, P.S. Rupo, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Govindpur P.S. Case No. 3 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

The allegation is regarding recovery of 28 liters of illicit liquor from the motorcycle of the petitioner. The learned counsel for the petitioner submits that no recovery has been effected from the person of the petitioner and, in fact, the provision of Section 100 Cr. P.C. has not been complied with while preparing the seizure list, hence the seizure itself is doubtful and the petitioner is having a clean antecedent. Considering the nature of accusation levelled against

Patna High Court Cr.Misc. No.10999 of 2018 (2) dt.27-02-2018 2/2 the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II cum Special Judge (Excise), Nawada in connection with Govindpur P.S. Case No. 3 of 2018, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T