Chandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72286 of 2019 Arising Out of PS. Case No.-649 Year-2019 Thana- MADHAURAH District- Saran ====================================================== CHANDAN YADAV Son of Yogendra Prasad Resident of Village - Khalispur, P.S.- Marhowrah (Gaura O.P.), Distt - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Marhowrah (Gaura O.P) P.S. Case no. 649 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
The accusation is that in course of patrolling duty the informant and other Police personnel received information about carrying of illicit liquor by Ankit Kumar Singh and Chandan Yadav (petitioner) in village-Mothahan for selling in the area. The informant along with other Police personnel reached there then a truck bearing registration No. N102N5778 was seen. On search, 120 cartons, containing 1440 bottles of 750 ML, 78 cartons containing 1892 bottles of 375 ML, 245 cartons containing 11760 bottles of 180 ML, 100 pouches of
Patna High Court CR. MISC. No.72286 of 2019(2) dt.18-11-2019 2/2 180 ML and 400 of 375 ML Indian made foreign liquor recovered. The local Chowkidar present there disclosed the name of petitioner, Ankit Kumar Singh and 7 others are indulged in doing the business of illicit liquor. Learned counsel for the petitioner submits that petitioner was not apprehended on the spot nor he is driver or owner of the aforesaid truck. Further submission is that, in fact, petitioner is accused in similar nature of case i.e. Marhowrah (Gaura OP) P.S. Case No. 94 of 2019, but he is on bail in that case due to that reason, the informant implicated the petitioner in the present case.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the 2nd Addl. Sessions Judgecum-Special Judge, Excise, Saran at Chapra in connection with Marhowrah (Gaura OP) P.S. Case No. 649 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T