Rambabu Yadav @ Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13362 of 2022 Arising Out of PS. Case No.-550 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Rambabu Yadav @ Ram Babu Yadav S/O Shri Bhagwan Yadav @ Bhagwan Yadav R/O Village- Paswan Tola, Chowk, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-07-2022 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), 38 and 41 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 55 litre of sprit from the house of Phool Mohammad Ansari.

The learned counsel for the petitioner submits that admittedly, petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession, nor the recovery from his house. It is submitted that his name transpired

Patna High Court CR. MISC. No.13362 of 2022(2) dt.15-07-2022 2/2 in the confessional statement of Phool Mohammad Ansari, 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Majhauliya P. S. Case No.550 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