Mainejar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16427 of 2025 Arising Out of PS. Case No.-320 Year-2023 Thana- KATORIYA District- Banka ====================================================== Mainejar Yadav S/O Harkhu Yadav Resident of Village- Barwasani, P.SKatoria, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II- Advocate Ms. Priyanka Kumari- Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 10 litres of liquor from a bush behind the house of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place, which does not belong to the

Patna High Court CR. MISC. No.16427 of 2025(2) dt.16-04-2025 2/3 petitioner, but then, is adjacent to his house and he came to be implicated based on secret information, which is the easiest way to implicate someone.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Exclusive Excise Court No.2, Banka in connection with Katoriya P. S. Case No.320 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a

Patna High Court CR. MISC. No.16427 of 2025(2) dt.16-04-2025 3/3 person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T