Bittu Yadav @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83015 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Bittu Yadav @ Bittu Kumar Son of Umesh Yadav Resident of VillageRustampur, P.S.- Muffassil, District- Nawada. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Mufassil P.S. Case No. 213 of 2019 registered for the offence punishable under Sections 30(a) and 37(c) of Bihar Prohibition & Excise Act-2016.

30 lts. of country made liquor is said to have been recovered from the barrage and two named accused persons, namely, Ravindra Chauhan and Sukar Chauhan were apprehended while one another accused managed to escape.

Patna High Court CR. MISC. No.83015 of 2019(2) dt.16-12-2019 2/3 Apprehended accused disclosed the name of the petitioner as their fleeing accomplice in the occurrence.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or with any trade of liquor. There is nothing on recording indicating complicity of the petitioner in the occurrence barring the disclosure made by apprehended accused persons. There is violation of Section 100 Cr.P.C. No offence under Excise Act is made out against the petitioner. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In 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 six 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 learned Addl. Sessions Judge-II-cumSpecial Judge, Nawada in connection with Mufassil P.S. Case No. 213 of 2019, subject to the condition as laid down under

Patna High Court CR. MISC. No.83015 of 2019(2) dt.16-12-2019 3/3 Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T