Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 85579 of 2024 Arising Out of PS. Case No.-235 Year-2019 Thana- BAISI District- Purnia ====================================================== Umesh Yadav S/O Sitaram Yadav Resident of ward no.- 10 Tofir Tamganj,P.SNarpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and Ms. Sharda Kumari, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baisi P.S. Case no. 235 of 2019 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that one man was coming on a bike where he was intercepted. He did not stopped the bike. It is further alleged that leaving the bike, the person fled away towards the bushes. He could not be apprehended from his bike. Altogether 25.380 liters of liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No. 85579 of 2024(2) dt.13-12-2024 2/2 offence. He has falsely been implicated in this case. It is also submitted that from perusal of the seizure list, it transpires that the seizure has been made near parman pool. Petitioner is the owner of the bike. Petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Baisi P.S. Case No. 235 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Court No. 01, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T