Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10930 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- KADIRGANJ District- Patna ====================================================== ASHOK YADAV Son of Late Dev Nandan Yadav @ Dev Nandan Yadav R/o Narmad (Milki )(barnama), P.S. - Pali, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of country made Mahua liquor from the two motorcycles.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no recovery from the conscious or constructive possession of the petitioner and he has no concern with the seized liquor and petitioner has not been apprehended at the spot. He further submits that the name of the petitioner came into light on the basis of confessional statement of

Patna High Court CR. MISC. No.10930 of 2022(2) dt.19-07-2022 2/2 apprehended co-accused Gautam Kumar.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Kadriganj P.S. Case No. 61 of 2021 corresponding to Special Excise Case No.4498 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T