Sadanand Yadav @ Sadhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21114 of 2023 Arising Out of PS. Case No.-611 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== SADANAND YADAV @ SADHU YADAV SON OF BADRI YADAV R/O VILLAGE- BHIRKHI, WARD NO.22, P.S. AND DISTRICTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 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 Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 5.200 liters of liquors along with 4.5 liters of Codeine syrup from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing

Patna High Court CR. MISC. No.21114 of 2023(2) dt.15-05-2023 2/3 was recovered from his conscious possession. It is also submitted that the recovery was not made from the house of the petitioner but from a place near the house of the petitioner and his wife Manisha was falsely implicated and based on her disclosure, the petitioner also came to be implicated in the present case. It is further submitted that the petitioner has no concern with the liquor or Codeine syrup and the place of occurrence from where the alleged recoveries were made and the confessional statement of Manisha in police custody does not have any evidentiary value.

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. 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

Patna High Court CR. MISC. No.21114 of 2023(2) dt.15-05-2023 3/3 with Madhepura Excise P.S. Case No. 611 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T