Sandeep Yadav @ Sandeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12039 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Sandeep Yadav @ Sandeep Kumar Yadav Son of Bhim Yadav Resident of Village- Majhariya Ward No. 11, Police Station- Malahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Paharpur P.S. Case No.508 of 2023, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has one criminal antecedent and allegation is of recovery of 120.960 liters of foreign liquor from bush beside the river.

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 the alleged

Patna High Court CR. MISC. No.12039 of 2024(2) dt.04-03-2024 2/2 recovery is from a place which does not belongs to the petitioner and even alleged recovery is from a place which is accessible to public at large and he came to be implicated in the case at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that it appears that the Chowkidar, with a view to save the real culprit, falsely implicated the petitioner.

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. 5000/- (Rupees Five 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 Paharpur (Malahi) P.S. Case No. 508 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) annpurna/- U T