Arbind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82951 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== ARBIND YADAV S/o Chhavi Lal Roy R/o village- Ekdari, P.S.- Chhauradano, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Mishra For the Opposite Party/s :
Mr.Ram Bachan Singh ====================================================== 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 Chhauradano P.S. Case No. 78 of 2019 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
The allegation is regarding recovery of 100 bottles of Nepali country made liquor from possession of the accused persons and when they were arrested by the police, they had disclosed the name of the petitioner as one of their accomplices. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case and, in fact, neither any recovery has been made
Patna High Court CR. MISC. No.82951 of 2019(2) dt.13-12-2019 2/2 from the petitioner nor from his house, hence the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted in the present case.
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 under Excise Act, East Champaran, Motihari in connection with Chhauradano P.S. Case No. 78 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U