Jitendra Yadav @ Jitu @ Jitendra Kumar Yaduwansi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16221 of 2024 Arising Out of PS. Case No.-561 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Jitendra Yadav @ Jitu @ Jitendra Kumar Yaduwansi son of Rajendra Yadav Village- Chhipaliya Ps- Bhadurpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468 and 34 of the IPC and Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 595.8 litres of liquor from a white pickup van and 412.2 litres of liquor from a blue pickup van. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of

Patna High Court CR. MISC. No.16221 of 2024(2) dt.13-03-2024 2/2 any of the seized vehicles. It is next submitted that he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value.

5.

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

6.

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 trial court 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 trial court where the case is pending/successor court in connection with Sadar P.S. Case No. 561 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T