Patna High CourtCR. MISC./11492/2024bail granted

Kewli Yadav @ Surendra Yadav v. The State Of Bihar

2024-03-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11492 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Kewli Yadav @ Surendra Yadav Son of Late Surendra Yadav Resident of village- Mauji Than Singh Ward no. 6., P.S.- Bakhri, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a), 32, 41 of the Bihar Prohibition and Excise Act, 2018.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of eight cases and allegation of recovery of 900 liters of liquor from a truck.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he is not the owner of the truck and he came to be implicated based on disclosure made by the local people but then the name of the person who disclosed the name of the

Patna High Court CR. MISC. No.11492 of 2024(2) dt.01-03-2024 2/2 petitioner is not disclosed in the FIR. It is also submitted that once a person is implicated in a case relating to excise, in that event the police starts implicating mechanically in all cases.

5. The learned APP for the State opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.40,000/- (Rupees Forty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Nowkothi P.S. Case No.188 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T