Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17509 of 2023 Arising Out of PS. Case No.-245 Year-2022 Thana- NAUTAN District- Siwan ====================================================== ARVIND YADAV S/O- SRI RAMESH YADAV @ RAMESH CHAUDHARI VILLAGE -TIRMANPUR ALIAS TILAMAAPUR PS -NAUTAN DIST -SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 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 four cases and allegation is of total recovery of 252 liters of liquor from the three motorcycles as detailed in the F.I.R.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner is neither the owner nor the driver of any of the

Patna High Court CR. MISC. No.17509 of 2023(2) dt.10-05-2023 2/2 seized motorcycles and his name transpired based on secret information, it is next submitted that secret information is the easiest way to implicate someone. It is also submitted that since the petitioner has antecedent, as such police took this as an opportunity to get him implicated based on secret information. 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. 25,000/- (Rupees Twenty 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 with Nautan P.S. Case No. 245 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T