Kallu Yadav @ Kalau Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79861 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- TEYAR District- Bhojpur ====================================================== Kallu Yadav @ Kalau Yadav, son of Bhagirathi Yadav @ Bhagrithi Yadav, Resident of Village-Bikrampur, P.S.-Tiyar, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Excise Case No. 1795 of 2018, arising out of Tiyar P.S. Case No. 70 of 2018, dated 29.10.2018, instituted for the offences under Sections 30, 30(a) and 37(b) of the Bihar Prohibition and Excise Act, 2016.

Approximately 6.270 litres of liquor was recovered from the possession of one Pappu Paswan, who disclosed that the aforesaid consignment was purchased by him from the petitioner.

The learned counsel for the petitioner has submitted that there is no recovery from the possession of

Patna High Court Cr.Misc. No.79861 of 2018(2) dt.16-01-2019 2/2 the petitioner and his implication in the case is only on the basis of confession of an arrested accused person. The petitioner does not have any criminal antecedents.

Considering the facts aforestated, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bhojpur at Ara in connection with Excise Case No. 1795 of 2018, arising out of Tiyar P.S. Case No. 70 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T