Rohit Kumar Yadav @ Rohit Yadav @ Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18950 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- AANDAR District- Siwan ====================================================== Rohit Kumar Yadav @ Rohit Yadav @ Rakesh Yadav S/O Mogal Choudhary R/O Village- Belwasa Mathiya, P.S- Aandar, Distt.- Siwan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam, Adv For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.
2. The petitioner apprehends his arrest in connection with Aandar P.S Case No. 233 of 2023 instituted under Section 30(a), of the Bihar Prohibition & Excise Amendment Act.
3. As per the prosecution case, total 261.360 litres of illicit liquor was recovered from the box under the tractor's trolley.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. The name
Patna High Court CR. MISC. No.18950 of 2024(2) dt.27-03-2024 2/3 of the petitioner has sprung up in the confessional statement of co-accused, Vivek Kumar. The petitioner was neither arrested on the spot nor he is the owner of the vehicle. Nothing has been recovered from conscious possession of the petitioner. The petitioner has clean antecedent. No case is made out against the petitioner.
5. Learned APP for the State Opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs, 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Siwan/ concerned court in connection with Aandar P.S. Case No. 233 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
N.K/- (Chandra Prakash Singh, J) U T
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