Arvind Yadav @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82216 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== ARVIND YADAV @ ARVIND KUMAR Son of Vishun Dayal Rai @ Bishun Dev Rai R/O- Upharpura, Railway Colony Tola Kharpura, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 3591/2019 arising out of Phulwari Sharif P.S. Case No.350/19, registered under Section 30 (a) Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., Dharmendar Mahto and Monu were arrested and from their possession illicit liquor was recovered. The apprehended accused confessed before the police that they purchased the said illicit liquor from the petitioner.

It is submitted by learned counsel for the petitioner that the allegations levelled against the petitioner is false and

Patna High Court CR. MISC. No.82216 of 2019(2) dt.18-12-2019 2/2 concocted. Confession of co-accused before the police has no value as no incriminating article has been recovered from the possession of the petitioner and the petitioner has got no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration of the fact that petitioner was not arrested at the spot, no incriminating article has been recovered from his possession and he has no criminal antecedent the court is inclined to enlarge the petitioner on bail. The petitioner above named is directed to surrender in the Court below within a period of six weeks from today and in case of his arrest or surrender, the petitioner shall 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 Act, Patna in connection with Special Case No. 3591/2019 (arising out of Phulwari Sharif P.S. Case No. 350/2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Partha Sarthy, J) kamlesh/- U T