Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81159 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== Ajay Yadav Son of Sri Surendra Yadav Resident of Village - Bheriharwa, P.S.- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bairiya P.S. Case No. 214 of 2019, registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.

As per allegation in the F.I.R., 8.640 litres of IMFL is said to have been recovered from a motorcycle which was abandoned by the accused persons, who managed to escape. One of the two accused was identified as the petitioner. It is submitted by learned counsel for the petitioner that the allegations levelled in the FIR are false and concocted. No recovery as alleged has taken place. The motorcycle does

Patna High Court CR. MISC. No.81159 of 2019(2) dt.24-02-2020 2/2 not belong to the petitioner and he has no criminal antecedent. Having heard learned counsels for the parties, in the facts and circumstances as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 214 of 2019, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T