Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11210 of 2025 Arising Out of PS. Case No.-132 Year-2024 Thana- GADHPURA District- Begusarai ====================================================== Chandan Yadav Son of Lalo Yadav @ Lal Babu Yadav Resident of VillageChakkapar, P.S.- Teyar (Bhagwanpur), Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namita Sharma, Advocate Mr.. Anshu Dhar Sharma, Advocate Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Garhpura P.S. Case No. 132 of 2024 registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 540 liters of foreign liquor was recovered from Pick-up Van. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with

Patna High Court CR. MISC. No.11210 of 2025(2) dt.21-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the vehicle but he has already been sold the seized vehicle to one Shrawan Sah on 27.11.2023. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended coaccused person. The petitioner has one criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 27.01.2025 passed in Cr. Misc. No. 3019 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.11210 of 2025(2) dt.21-02-2025 3/3 learned court below where the case is pending/successor court in connection with Garhpura P.S. Case No. 132 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T