Patna High CourtCR. MISC./8490/2024bail granted

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

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8490 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== CHANDAN YADAV @ CHANDAN KUMAR YADAV SON OF MUNNA YADAV R/O VILLAGE- JAINAN, P.O.- SOHAGPUR, P.S.- HATHUA, DIST.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Shahi For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 84.200 liters of liquor from a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is not the owner or driver of the motorcycle and came to be implicated at the

Patna High Court CR. MISC. No.8490 of 2024(2) dt.26-02-2024 2/2 instance of local people but then the name of the local person who disclosed the name of the petitioner is not disclosed in the FIR which casts as aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hathua P.S. Case No. 259 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T