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Patna High CourtCR. MISC./87376/2019allowed

Raushan Kumar Yadav v. The State Of Bihar

2020-02-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 87376 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== RAUSHAN KUMAR YADAV Son of Shiv Narayan Yadav Resident of Village - Shovepatti, Thalwara, P.S.- Ashok Paper Mill, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Bali Jha For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 30(a) (41(1) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 15 bottles of 375ml each and 3 bottles of 750ml each total 7.875 litres of foreign liquor has been recovered from the house of co-accused Narayan Yadav. He submits that the name of the petitioner has come in the present case on the confessional statement of co-accused Narayan Yadav. He submits that there is no recovery from the house of the petitioner. He further submits

Patna High Court CR. MISC. No. 87376 of 2019(2) dt.19-02-2020 2/2 that petitioner has no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2nd-cum-Special Judge, Excise, Darbhanga in connection with G.O. Case No. 899 of 2019 arising out of Ashok Paper Mill Police Station Case No. 129 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T