Radheshyam Yadav @ Radheshyam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23174 of 2024 Arising Out of PS. Case No.-603 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Radheshyam Yadav @ Radheshyam Son Of Rama Yadav Resident Of Village - Belagola, P.S. - Ramnagar, District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Kumar For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== 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 Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and allegation is of recovery of 47.730 litres of liquor from a motorcycle and 37.86 litres of liquor from the possession of Shyamsundar Sah and Guddu Kumar. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle nor has any relation or connection with Shyamsundar Sah and Guddu Kumar and he came to be
Patna High Court CR. MISC. No.23174 of 2024(2) dt.02-04-2024 2/2 implicated based on the confessional statement of Bittu in police custody, which does not have any evidentiary value.
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.10,000/- (Rupees ten 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 Ramnagar P.S. Case No.603/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T