Allowed

Chando Yadav v. The State Of Bihar

Patna HC6 Apr 2018CR. MISC./20331/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous application arising from a prosecution for manufacturing/selling intoxicants, the court granted anticipatory bail to the petitioner after hearing arguments regarding lack of criminal antecedents and absence of evidence linking him personally to the charge.

What did the court decide?

Petitioner released on anticipatory bail to surrender within six weeks by furnishing a bond of Rs. 10,000 with two sureties.

Chando Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20331 of 2018

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Arising Out of PS. Case No.-404 Year-2017 Thana- RAJAULI District- Nawada

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======================================================

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Chando Yadav son of Rohani Yadav, resident of village Joh, P.S. Rajauli, District Nawada (Bihar)

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Shyam Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 06-04-2018

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 40 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication

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Patna High Court Cr.Misc. No.20331 of 2018(2) dt.06-04-2018 2/2

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of the petitioner in this case. It is alleged that total 40 liters wine is recovered from the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IInd-cumSpecial Judge, Nawada in connection with Rajauli P.S. case No.404 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Narendra/-

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(Sudhir Singh, J)

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U T

Chando Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chando Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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