Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16171 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- MADHAURAH District- Saran ====================================================== SHANKAR YADAV S/O RAM PRAVESH RAY R/O VILLAGE- PAITHANI NATHUPUR, PANCHAYAT- CHILBILI, POLICE STATION- BEUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-05-2023 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 Sections 30, 30(a) and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 262.320 liters of liquor from a Maruti Suzuki Car bearing registration No. BR1AG-2246.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that petitioner came to be implicated on the ground that the alleged vehicle was belong to him, it is next submitted

Patna High Court CR. MISC. No.16171 of 2023(2) dt.03-05-2023 2/2 that no foolish man would give his own vehicle for committing a crime and thus would get implicated easily. It is further submitted that the petitioner has given his car to his friend and as such was not aware that they would indulge in such an illegal act.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One 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 Marhowrah P.S. Case No. 299 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T