Brajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71430 of 2018 Arising Out of PS. Case No.-220 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Brajesh Kumar Yadav Son of Pandey Singh, Resident of Village-Rajmal Dih, P.S.-Sikarahata, Distirct-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Jagdishpur P.S.No.220 of 2018 / Excise Case No.941 of 2018 registered under Section 414 of the I.P.C. and Section 30(A) of the Bihar Prohibition and Excise Act.

Accusation is that in course of patrolling one vehicle was intercepted while on seeing the police party two persons boaded on the vehicle succeeded in fleeing away but three persons including Vinod Kumar Yadav who happens to be the driver of the vehicle were apprehended. On search two bottles one containing 180 ml. and another containing 375 ml. foreign liquor kept beneath the rear seat of the driver were recovered On query the driver disclosed the names of the apprehended

Patna High Court Cr.Misc. No.71430 of 2018(3) dt.04-02-2019 2/2 accused Pintu Yadav as the owner of the vehicle and Brajesh Kumar Yadav as one of the occupants of the vehicle. Learned counsel for the petitioner submits that the petitioner was not apprehended by the police rather his name has come in the statement of caught hold accused. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest of surrender before the learned court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge Excise, Bhojpur at Ara, in Jagdishpur P.S. Case No.220 of 2018 / Excise Case No.941 of 2018 subject to the condition as laid down under Section 438(2) of Cr.P.C. (Rajendra Kumar Mishra, J) aks/- U