Chandrakishor Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23862 of 2024 Arising Out of PS. Case No.-1211 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Chandrakishor Yadav S/o Jokhu Yadav @ Birendra Yadav r/o vill - Shankar Saraiya Ahir Toli, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ramchandra Sahni, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024
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 offences punishable under Sections 147, 341, 323, 353, 504, 506, 272 and 273 of the Indian Penal Code and Section 30(a), 41(i) and 45 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases.
4. Allegation is of recovery of 14 litres of liquor from the courtyard of the petitioner.
5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and after amendment
Patna High Court CR. MISC. No.23862 of 2024(2) dt.10-04-2024 2/3 in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that the courtyard is a place outside the house and it appears that someone inimical to the petitioner planted meager quantity of liquor to implicate him. It is next submitted that petitioner came to be implicated at the instance of the Chawkidar. It is also submitted that if the Chawkidar was aware about the involvement of the petitioner in the occurrence then whey he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution as the petitioner is on an inimical term with the Chawkidar.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. 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.2,000/- (Rupees Two Thousand) 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 Turkauliya P.S. Case
Patna High Court CR. MISC. No.23862 of 2024(2) dt.10-04-2024 3/3 No. 1211 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than four cases in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T