Patna High CourtCR. MISC./7933/2024bail granted

Bijendra Kumar Yadav @ Vijendra Yadav v. The State Of Bihar

2024-02-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7933 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Bijendra Kumar Yadav @ Vijendra Yadav S/O CHANDRAMA YADAV VILLAGE- BABHANGAMA, PS. BARHARA (KRISHNAGARH O.P.), DIST. BHOJPUR AT ARA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Shashank Shekhar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== 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 connection with Barhara (Krishnagarhn O.P.) P.S. Case No.273/2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 60 litres of liquor from a place near Kali temple. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which is accessible to public at large and he came to be implicated based on

Patna High Court CR. MISC. No.7933 of 2024(2) dt.26-02-2024 2/2 confessional statement of Garjan Musahar in police custody, which does not have any evidentiary value in the eye of law.

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

5. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Bhojpur, Ara in connection with Barhara (Krishnagarh OP) P.S. Case No.273/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T