Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73937 of 2019 Arising Out of PS. Case No.-542 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== GANESH YADAV, aged about 21 years, Gender-Male, Son of Late Arvind Yadav, Resident of Village- Palasi Chakardaha, Ward No. 06, P.S.- Narpatganj, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the parties.

Petitioner, apprehends his arrest in connection with Narpatganj P.S. Case No. 542 of 2019 registered for the offences punishable under Sections 30(a) & 38(2) of the Bihar Prohibition and Excise Act, 2016.

Informant is the police officer, who in his selfstatement stated that on 14.09.2019 on 6:00 P.M., he received a secret information that in the house of Ganesh Yadav, sale of illicit liquor from his hut is going on and as police party raided the place two persons were apprehended other managed to flee away and the apprehended persons disclosed name of petitioner, who had fled away and thereafter from the western side of the hut 350 M.L. of 6 bottles of cough syrup and 120 bottles of wine

Patna High Court CR. MISC. No.73937 of 2019(2) dt.25-11-2019 2/2 was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He has not been apprehended from the spot. His name has been disclosed by the apprehended person due to enmity. Nothing was recovered from his hut or possession and he has not criminal antecedent.

Considering the facts and circumstances of the present case, let petitioner, above named, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-2nd-cum-Special Judge, Araria, in connection with Narpatganj P.S. Case No. 542 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure subject to verification that petitioner has no criminal antecedent.

(S. Kumar, J) Rajiv/- U T