Banty Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10256 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Banty Yadav, S/O Ramnandan Yadav R/O Jagnandanpur, P.S.- Rahui, DistrictNalanda. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 56 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the allegation is of recovery of 1192.320 litre of liquor from the hut of Ganesh Paswan and an Innova car.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. He was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that neither the hut, nor the Innova car belongs to him rather the hut belongs

Patna High Court CR. MISC. No.10256 of 2022(2) dt.08-07-2022 2/2 to one Ganesh Paswan. It is next submitted that petitioner's name transpired in the confessional statement of Dharmendra Kumar, which has no evidentiary value.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special Case No.4190 of 2021 arising out of Shastri Nagar P. S. Case No.251 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T