Kaushlendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19130 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== KAUSHLENDRA YADAV S/o Krishna Yadav R/o village- Chhapanna, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. 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 is a person with clean antecedent and allegation is of recovery of 100 Kg java mahua from a place near a canal which was destroyed, 10 litre of liquor from a plastic gallon alleged to be thrown by the petitioner and 50 Kg java mahua near the house of the petitioner which was destroyed.

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 next

Patna High Court CR. MISC. No.19130 of 2022(2) dt.29-07-2022 2/2 submitted that even the alleged recovery is from a place which does not belong to the petitioner, it is further submitted that petitioner came to be falsely implicated at the behest of the local chowkidar and local people by falsely alleging that the gallon was thrown by the petitioner.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each 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 Ghosi P.S. Case No. 32 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T