Devendra Prasad Yadav @ Debin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76115 of 2019 Arising Out of PS. Case No.-248 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== DEVENDRA PRASAD YADAV @ DEBIN YADAV Son of Rambilash Yadav Resident of Mansapur, P.S.-Lalmaniya O.P District-Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav For the Opposite Party :

Mr. K. Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Laukaha P.S. Case No. 248 of 2019 instituted for the offence under Section(s) 272 and 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. 05 liters and 400 ML Nepali wine is said to have been recovered from a room made for storing straw and firewood at a distance from the petitioner's house.

It is submitted by the petitioner's counsel that there is no recovery from his possession or the house where he was residing. Recovery is at a distance from a place to which various people had access. Merely on suspicion, the petitioner has been apprehended in the instant case. He is having no criminal

Patna High Court CR. MISC. No.76115 of 2019(2) dt.02-12-2019 2/3 antecedents. The recovery is from a different place and not in accordance with law and, therefore, the allegations under the Bihar Prohibition and Excise Act are not made out. The learned APP for the State has opposed the prayer for anticipatory bail referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act. For the limited purpose of grant of bail, this Court is inclined to accept the submissions of counsel for the petitioner. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-II-cum Spl. Judge Excise Act, Madhubani, in connection with Laukaha P.S. Case No. 248 of 2019 subject to the conditions as laid down under Section 438(2) Cr. P.C., subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

Patna High Court CR. MISC. No.76115 of 2019(2) dt.02-12-2019 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T