Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20110 of 2024 Arising Out of PS. Case No.-373 Year-2022 Thana- JOKIHAT District- Araria ====================================================== BINOD YADAV Son of Rajendra Yadav Resident of Village-Vishanpur, Bishunpur, P.s.-Ghanshyampur, District-Darbhanga (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024
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 Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 70.200 litres of liquor from a vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.20110 of 2024(2) dt.22-03-2024 2/2 implicated. It is further submitted that the petitioner was completely unaware that his driver would misuse his vehicle in the manner as alleged and the police taking advantage of antecedent of the petitioner also got him implicated.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.15000/- (Rupees fifteen 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 Jokihat P.S. Case No.373/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T