Patna High CourtCR. MISC./17678/2020disposed

Abhimanyu Yadav v. The State Of Bihar

2021-10-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17678 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Abhimanyu Yadav Son of Faudar Yadav Resident of Village - Rajpur (Balua), P.S.- Raghunathpur, District - Siwan. 2.

Lakhan Yadav Son of Abhimanyu Yadav Resident of Village - Rajpur (Balua), P.S.- Raghunathpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-10-2021 Learned counsel for the petitioners submits that petitioner no.1, namely, Abhimanyu Yadav has already been arrested.

As such, the prayer for anticipatory bail of petitioner no.1, namely, Abhimanyu Yadav is dismissed as withdrawn. Heard learned counsel for the petitioners and learned APP for the State.

So far petitioner no.2 (Lakhan Yadav) is concerned, he is apprehending his arrest in connection with Raghunathpur P.S. Case No.11 of 2020 registered for the offence under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, the name of petitioner

Patna High Court CR. MISC. No.17678 of 2020(2) dt.25-10-2021 2/2 no.2 has figured in the confessional statement of co-accused Suman Gond.

Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in this case.

However, learned APP for the State vehementally opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, in the event of arrest or surrender of petitioner no.2 (Lakhan Yadav) before the court below within six weeks from today, the petitioner no.2 is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Siwan in connection with Raghunathpur P.S. Case No.11 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) Brajesh Kumar/- U T