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Patna High CourtCR. MISC./13212/2022allowed

Harkesh Kumar Yadav v. The State Of Bihar

2022-08-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13212 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- JADOPUR District- Gopalganj ====================================================== HARKESH KUMAR YADAV Son of Ram Bahadur Yadav Resident of Village- Patahara, P.s.- Jadopur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-08-2022 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 Section 30 (a) of the Bihar Prohibition and Amendment Excise Act, 2018. It is a case of recovery of liquor from the motorcycle of apprehended co-accused Vishal Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner came into light on the basis of apprehended co-accused Vishal Kumar and nothing has been recovered from the conscious or constructive possession of the petitioner and he has no concern with the seized liquor or seized motorcycle and petitioner has not been

Patna High Court CR. MISC. No.13212 of 2022(2) dt.05-08-2022 2/2 apprehended at the spot. Petitioner has clean antecedent. Learned APP appearing for the State opposed the 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, Gopalganj in connection with Jadopur P.S. Case No. 163 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