Mayank Yadav @ Mayank Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19379 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Mayank Yadav @ Mayank Kumar Yadav S/o Ram Sagar Yadav R/v- Bhadaur, P.S.- Ghanshyampur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Karn, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 99.18 litres of liquor from a bamboo orchard. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the confessional statement of Nathuni in police custody which does not have any evidentiary value when admittedly the petitioner is a person with clean antecedent, it is

Patna High Court CR. MISC. No.19379 of 2023(2) dt.10-07-2023 2/2 further submitted that the petitioner is not the owner of the bamboo orchard.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ghanshyampur P.S. Case No. 274 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Rishi/- (Satyavrat Verma, J) U T