Shyaam Deo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3695 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- SURYAGARHA District- Lakhisarai ====================================================== SHYAAM DEO YADAV S/o Kuldeep Yadav R/o village- Shivdih, P.S.- Chanan, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

It is a case of recovery of wine from a vehicle bearing Registration No.JH10AD0407 which was being driven by coaccused persons who were apprehended at the spot. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been apprehended at the spot and nothing has been recovered from the conscious or constructive possession of the petitioner and petitioner is only vehicle owner and was being driven by the co-accused so he has

Patna High Court CR. MISC. No.3695 of 2022(2) dt.22-07-2022 2/2 not committed any offence at all. Petitioner is a CRPF constable and posted at Arunachal Pradesh and at the alleged date and time of the occurrence, petitioner was on duty at Arunachal Pradesh. Petitioner has got clean antecedent. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four 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 CJM, Lakhisarai in connection with Suryagarha P.S. Case No. 248 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T