Modan Yadav @ Anil Kumar Sinha @ Madan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80620 of 2019 Arising Out of PS. Case No.-485 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== MODAN YADAV @ ANIL KUMAR SINHA @ MADAN YADAV Son of Mundrika Yadav @ Mundrika Sinha Resident of Village - Gopalganj, P.S.- Islampur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakti Suman Kumar, Adv For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is police officer has alleged in his written report that on 13.10.2019 while he was on patrolling duty he received information that petitioner Modan Yadav and others are engaged in the trade of illicit liquor and on receiving said information he reached the place of occurrence near chimney bhatta where 8 to 10 persons had assembled, however, on seeing the police party they fled away and on search of the room, 50 litres of country made illicit liquor was recovered. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.80620 of 2019(2) dt.09-12-2019 2/2 he is innocent and has been falsely implicated in this case due to animosity and village rivalry. It has been further submitted that neither any illicit liquor has been recovered from his possession nor he was apprehended at the spot, as such no offence under Excise Act is made out. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Islampur P.S. Case No. 485 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(S. Kumar, J) ranjan/- U