Dilip Yadav @ Dilip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83327 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== DILIP YADAV @ DILIP KUMAR YADAV S/o- Omkar Yadav @ Hankar Yadav Resident of Dharam Parsa, P.S.- Manjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikas Ratan Bharti For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Manjhagarh P.S. Case No. 237 of 2019 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 30.420 litres of illicit wine from a bag seized by the Police and the Choukidar is stated to have identified the persons who had fled away, one amongst them being the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that neither the illicit liquor seized by the police has been recovered from the conscious possession of the petitioner nor from his house and in fact the petitioner has not been apprehended from the spot, hence no offence is made out under the provisions of the Bihar

Patna High Court CR. MISC. No.83327 of 2019(2) dt.21-01-2020 2/2 Prohibition and Excise Act, 2016.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that prima facie this Court finds that a bare perusal of the FIR does not make out any offence as alleged against the petitioner under the provisions of the Bihar Prohibition and Excise Act, 2016, as far as the present bail petition is concerned, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Gopalganj in connection with Manjhagarh P.S. Case No. 237 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T