Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82950 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Arjun Yadav S/o Ram Deo Yadav R/o Mohalla- Kumhrar Gwal Toli, B.H. Colony, P.S.- Agamkuan, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Shalimpur P.S. Case No. 84 of 2019 for the offence punishable under Section 30(A) 32(i)(2), 38(1)(2), 41(i), 47 of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of huge quantity of illicit liquor from a truck and a pick up van when the police had conducted raid. As far as the petitioner is concerned, he is stated to be the owner of the pick van in question. The learned counsel for the petitioner submits that the petitioner has been falsely implicated inasmuch as the said pick up van had been sold by the petitioner in the year 1918 itself and necessary documents to the said effect are annexed as Annexure-2 to

Patna High Court CR. MISC. No.82950 of 2019(2) dt.13-12-2019 2/2 the present petition, hence no offence under the provisions of the Bihar Prohibition and Excise Act, 2016 is made out. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Salimpur P.S. Case No. 84 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T