Amarnath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17777 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- NAUTAN District- Siwan ====================================================== AMARNATH YADAV SON OF SRIRAM YADAV @ SRIRAM CHAUDHARY @ SRIRAM AHIR RESIDENT OF VILLAGE - TILMAPUR, P.S. - NAUTAN, DISTT. - SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, 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 had antecedent of one case and allegation is of recovery of 288 liters of liquor from four motorcycles 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, it is next submitted that petitioner would neither the owner nor the driver
Patna High Court CR. MISC. No.17777 of 2023(2) dt.10-05-2023 2/2 of any of the motorcycles and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is further submitted that since petitioner had one antecedent as such, police in order to save the real culprit falsely implicated the petitioner 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. 5,000/- (Rupees five 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 Nautan P.S. Case No. 86 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T