Patna High CourtCR. MISC./9351/2024bail granted

Anil Ray @ Anil Yadav v. The State Of Bihar

2024-02-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9351 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Anil Ray @ Anil Yadav S/O UMA SHANKAR YADAV @ UMA SHANKAR RAY VILLAGE- HANUMAN NAGAR, NARHA, PANAPUR, PS.- RAJEPUR, DISTT. EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

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 Sections 413, 414 and 34 of the Indian Penal Code read with Sections 30(a), 32, 36 and 41(1) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 208.200 liters of liquor from the cow shed and motorcycle of Ajay Kumar Yadav.

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 is neither the

Patna High Court CR. MISC. No.9351 of 2024(2) dt.27-02-2024 2/2 owner of the cow shed and the seized motorcycle nor has any concern with Ajay Kumar. It is next submitted that he came to be implicated based on the confessional statement of co-accused in police custody which does not have any evidentiary value.

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. 15,000/- (Rupees Fifteen Thousand) 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 Rajepur P.S. Case No. 289 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T