Patna High CourtCR. MISC./23330/2024bail granted

Sanjay Yadav v. The State Of Bihar

2024-04-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23330 of 2024 Arising Out of PS. Case No.-357 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== SANJAY YADAV Son of Raghunandan Yadav Resident of Village-Dalli Bigha, P.S.-Belaganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024

1. 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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 40 litres of liquor from possession of Surendra Yadav.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from possession of Surendra Yadav with whom petitioner has no connection and he came to be implicated based on confessional statement of Surendra Yadav in police custody

Patna High Court CR. MISC. No.23330 of 2024(2) dt.02-04-2024 2/2 which does not have any evidentiary value in the eye of law, when petitioner admittedly is a person with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khizersarai P.S. Case No. 357 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T