Patna High CourtCR. MISC./7624/2024bail granted

Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar

2024-02-23Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7624 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== SANJAY YADAV @ SANJAY KUMAR SON OF LATE PRAKASH YADAV R/O-SAHUGARDH, WARD NO. 12, BHAGWANPUR TOLA, P.S.- MADHEPURA, DISTT.-MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

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

2. The petitioner apprehends his arrest in connection with Madhepura Excise P.S. Case No.491/2023 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 is a person with clean antecedent and allegation is of recovery of 835.560 litres of liquor from krishi Sichai Nal Kup House. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local people but then the name of local person, who disclosed the

Patna High Court CR. MISC. No.7624 of 2024(2) dt.23-02-2024 2/2 name of the petitioner has not been mentioned in the F.I.R., which casts an aspersion on the case of prosecution, when petitioner admittedly is a person with clean antecedent.

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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cumSpecial Judge, Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No.491/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T