Bhagirath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.704 of 2020 Arising Out of PS. Case No.-447 Year-2019 Thana- BARH District- Patna ====================================================== BHAGIRATH YADAV Son of Late Bhonu Yadav Resident of Village - Puraybag, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 This application, for grant of anticipatory bail, arises out of Special Case No. 8696 of 2019 arising out of Barh P.S. Case No. 447 of 2019, disclosing offences under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 5 litres of liquor from the bamboo clamp of the petitioner.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and from the F.I.R. itself, it is evident that the recovery is from outside the house of the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court

Patna High Court CR. MISC. No.704 of 2020(2) dt.23-01-2020 2/2 below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 8696 of 2019 arising out of Barh P.S. Case No. 447 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T