Allowed

Sanoj Yadav @ Bhula Yadav v. The State Of Bihar

Patna HC30 Oct 2018CR. MISC./65959/2018

Case brief

AI extract

What is this about?

Single judge allowed anticipatory bail to the petitioner apprehending arrest in a liquor offence case, directing relief within six weeks subject to conditions under CrPC Section 438(2).

What did the court decide?

Petitioner to be released on anticipatory bail within six weeks by surrendering to Additional Sessions Judge-II-cum-Special Judge, Khagaria, on furnishing bail bond of Rs.10,000 with two sureties.

Sanoj Yadav @ Bhula 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.65959 of 2018

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Arising Out of PS. Case No.-585 Year-2018 Thana- KHAGARIA District- Khagaria

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

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Sanoj Yadav @ Bhula Yadav, s/o- Ramuday Yadav, Resident of village Bauk, P.S.- Dandari, District- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 30-10-2018

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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 Sections 272, 273, 34 of the Indian Penal Code and 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 motorcycle in question belongs to the petitioner. The said motorcycle was given by the petitioner to his co-villager for his personal use. Except for this, there is no other substantive

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Patna High Court Cr.Misc. No.65959 of 2018(2) dt.30-10-2018 2/2

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evidence to suggest the implication of the petitioner in this case. It is alleged that 40 liters wine is recovered from the motorcycle in question. 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./complaint case.

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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 Additional Sessions Judge -II-cum- Special Judge, Khagaria in connection with Khagaria (Sadar) P.S. Case No. 585 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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Pankaj/-

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U T

Sanoj Yadav @ Bhula Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sanoj Yadav @ Bhula 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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