Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70745 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== UPENDRA YADAV Son of Late Gagandeo Yadav Resident of Village - Pujaha Patjirwa, P.S.- Srinagar (Pujaha), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Srinagar (Pujaha) P.S. Case No. 50 of 2019 for the offence under Section 414 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Excise and Prohibition Act, 2016. In the instant case a total of 77 litres foreign liquor was seized from different places.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and the name of petitioner surfaced on the confessional statement of co-accused persons. Nothing was recovered from the conscious possession of the petitioner. He further submits that the bike does not belong to the petitioner.

Considering the fact that the petitioner has no criminal

Patna High Court CR. MISC. No.70745 of 2019(3) dt.06-03-2020 2/2 antecedent and liquor was not seized from his conscious possession, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within four weeks from today, on furnishing bail bond of Rs.50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), West Champaran at Bettiah in connection with Srinagar (Pujaha) P.S. Case No. 50 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In the event in future, if the petitioner is found to be involved in any such activities, the Court below shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T