Shyam Babu Yadav @ Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76510 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Shyam Babu Yadav @ Shambhu Yadav Son of Late Dhanuk Rai @ Dhanush Prasad yadav Resident of Village-Kauriya Lalpur,P.S. Runnisaidpur,Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal Mr. Vijay Anand Mr. Preety Kunwar For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma APP- 170 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in a case registered for the offences punishable under sections 467, 468 of the Indian Penal Code and 30(a) of Bihar Excise prohibition Act, 2016.

The name of petitioner was disclosed by driver and Khalasi of seized truck from which, in huge quantity Indian made foreign liquor was recovered. The driver and khalasi confessed that the aforesaid seized Indian made foreign liquor was to be delivered to the petitioner. No doubt, earlier petitioner was made accused in near about four cases of similar nature but

Patna High Court Cr.Misc. No.76510 of 2018(2) dt.21-12-2018 2/2 submission on behalf of the petitioner is that in the present case, except confessional statement of co-accused, there is nothing against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV cum Special Judge, Darbhanga in Sadar ( Mabbi O.P) P.S.Case No. 311 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.K/- U T