Bablu Yadav @ Bablu Baida v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74187 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== BABLU YADAV @ BABLU BAIDA Son of Ganga Yadav @ Ganga Baida Resident of Village-Shilanath Barhi, P.S.-Jaynagar, District-Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Kaluahi P.S.Case No.2 of 2018 registered for offences punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per FIR, there is allegation that there is recovery of huge quantity of the liquor from the house of one Anil Yadav and it appears that thereafter the police intercepted one motorcycle and there is recovery of 15 ltrs. of liquor from the motorcycle. It is also stated that petitioner succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that he has been named without any proper identification and

Patna High Court CR. MISC. No.74187 of 2019(2) dt.21-11-2019 2/2 he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender surrender before the learned court below and on surrender he will be released on provisional bail in connection with Kaluahi P.S.Case No.2 of 2018 and during that period, the learned court below shall call upon a report about the owner of the motorcycle and if it is found that he is not owner of the motorcycle, the provisional bail shall be confirmed, otherwise, he has to surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T