Abhay Yadav @ Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10258 of 2024 Arising Out of PS. Case No.-477 Year-2021 Thana- PIRO District- Bhojpur ====================================================== Abhay Yadav @ Abhay Kumar Son of Vinod Yadav @ Vinod Singh R/o vill - Baluaatola, P.s. - Piro, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Piro P.S. Case No.477/2021 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 12 litres of liquor from the hut of Binod Yadav and 8 litres of liquor from Ravi Yadav. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession nor he has any connection or relationship with Ravi and Binod and he came to be implicated at the instance of local people but the name of the
Patna High Court CR. MISC. No.10258 of 2024(2) dt.29-02-2024 2/2 person, who disclosed the name of the petitioner is not disclosed 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 Sri Arun Kumar Sharma, learned Exclusive Special Excise, Excise Court No.II, Bhojpur, Ara, in connection with Piro P.S. Case No.477/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T