Uday Kumar @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76629 of 2019 Arising Out of PS. Case No.-344 Year-2018 Thana- BARH District- Patna ====================================================== UDAY KUMAR @ UDAY YADAV Son of Sri Mahesh Yadav @ Mahesh Prasad Resident of Village-Hardayal Bigha, P.S-Belchhi, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2019 Heard counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending arrest in connection with Barh P.S. Case No. 344 of 2018 for offences under Sections 30(a), 38 and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2016.

Counsel for the petitioner submits that the petitioner has no criminal antecedent. Referring to the prosecution case he submits that there is no recovery from the conscious possession or from the house of the petitioner. It is alleged that liquor was seized near the railway track and as such the petitioner cannot be fastened with any accountability under the Bihar Prohibition and Excise Act.

Considering the aforesaid, the court is inclined to

Patna High Court CR. MISC. No.76629 of 2019(2) dt.27-11-2019 2/2 enlarge the petitioner on bail. Let the petitioner, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna in connection with Barh P.S. Case No. 344 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T