Patna High CourtCR. MISC./16334/2024bail granted

Binod Yadav v. The State Of Bihar

2024-03-14Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16334 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Binod Yadav Son Of Sanjay Yadav Resident Of Village - Chaianpatti, P.S. - Turaiyasujan, District - Kushinagar (Up) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024 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 272, 273, 420, 467, 468, 471 and 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 587.52 liters of liquor from a Mahindra Pickup and 898.56 liters of liquor from a tractor.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is neither the owner nor the driver of any of the seized vehicle and he came to

Patna High Court CR. MISC. No.16334 of 2024(2) dt.14-03-2024 2/2 be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.

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.500/- (Rupees Five Hundred) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Srinagar P.S. Case No 159 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) lata/- U T