Patna High CourtCR. MISC./11955/2022partly allowed disposal

Laddu Kumar Yadav v. The State Of Bihar

2022-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11955 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- FULKAHA District- Araria ====================================================== 1.

LADDU KUMAR YADAV Son of Mithu Yadav Resident of Village - Panjar Katta, Ward no.01, P.s.- Narpatganj, Distt.- Araria. 2.

Pankaj Kumar Yadav @ Pankaj Kumar Sonof Birendra Yadav Resident of Village - Koshkapur, Ward No.7, P.s.- Fulkaha, Distt.- Arara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.2, namely, Pankaj Kumar Yadav @ Pankaj Kumar.

Permission is accorded.

Accordingly, the petition of petitioner no.2, namely, Pankaj Kumar Yadav @ Pankaj Kumar is dismissed as withdrawn.

Heard learned counsel for the petitioner no.1 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 44(1) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.11955 of 2022(3) dt.25-08-2022 2/2 It is a case of recovery of Nepali made wine from a motorcycle.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no incriminating wine was recovered from the conscious possession of the petitioner and petitioner has not been apprehended at the spot. Petitioner no.1 has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, namely, Laddu Kumar Yadav, 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 Exclusive Special Judge, Excise-II, Araria in connection with Fulkaha P.S. Case No. 183 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