Patna High CourtCR. MISC./23745/2023bail granted

Mannu Kumar Yadav @ Mannu Yadav v. The State Of Bihar

2023-05-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23745 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== MANNU KUMAR YADAV @ MANNU YADAV SON OF RAMCHANDRA SINGH @ RAMCHANDRA YADAV RESIDENT OF VILLAGE - DHUPAN TOLA, P.S. - KHUSHRUPUR, DISTT. - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Shankar Das, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 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 offence 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 total recovery of 20 liters of liquor from an auto and a place near cattle shed.

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 is not the owner of the auto.

Patna High Court CR. MISC. No.23745 of 2023(2) dt.22-05-2023 2/2 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 Khusrupur P.S. Case No. 46 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned Trial Court before accepting the bail bonds of the petitioner shall verify whether petitioner is the owner of the auto or not and in the event, if it is found that petitioner is the owner of the auto then the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) GauravSinha/- U T