Patna High CourtCR. MISC./17348/2023bail granted

Bharo Yadav @ Dharmendra Yadav v. The State Of Bihar

2023-05-10Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17348 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== BHARO YADAV @ DHARMENDRA YADAV SON OF BHAGIRATH YADAV R/O VILLAGE- CHANDAULI, P.S.- AKBARPUR, DISTRICTNAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== 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 Sections 30(a) and 30(d) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of total recovery of 80 liters of liquor from the place of occurrence as detailed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even the place of occurrence is a place which is accessible to public at large, it

Patna High Court CR. MISC. No.17348 of 2023(2) dt.10-05-2023 2/2 is next submitted that he came to be implicated based on the confessional statement of co-accused Mohan Yadav which has no 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. 1,000/- (Rupees One Thousand) 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 Akbarpur P.S. Case No. 270 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T