Patna High CourtCR. MISC./11734/2024bail granted

Ankaj Yadav @ Ankaj Kumar @ Ankej Yadav v. The State Of Bihar

2024-03-04Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11734 of 2024 Arising Out of PS. Case No.-183 Year-2023 Thana- DHORAIYA District- Banka ====================================================== ANKAJ YADAV @ ANKAJ KUMAR @ ANKEJ YADAV S/O NAGESHWAR YADAV @ NAGESHWAR PRASAD YADAV R/O VILLAGE - OJHA BALHAN, P.S. - KATORIYA, DISTT. - BANKA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 357.12 litres of liquor from a Bolero vehicle.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even an Indica car was seized but then nothing was recovered from the said Indica car. It is further submitted that petitioner is neither the owner

Patna High Court CR. MISC. No.11734 of 2024(2) dt.04-03-2024 2/2 nor the driver of any of the seized vehicles and he came to be implicated based on confessional statement of Ajay Kumar Mandal in police custody which does not have any evidentiary value in the eye of law, when petitioner admittedly is a person with clean antecedent.

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

7. 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 court below where the case is pending/successor court in connection with Dhoraiya P.S. Case No. 183 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T