Rudal Yadav @ Rudal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23092 of 2022 Arising Out of PS. Case No.-582 Year-2021 Thana- FATUA District- Patna ====================================================== RUDAL YADAV @ RUDAL KUMAR S/o Late Hotil Yadav Resident of Village - Chati Ranipur, Dumri, P.S.- Fatuah, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a) and 56(c) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 9.3 litres of liquor from a plastic bottle kept in the house of the petitioner. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the confessional

Patna High Court CR. MISC. No.23092 of 2022(3) dt.02-11-2022 2/2 statement of Nisha Devi. It is next submitted that it has been specifically pleaded at para 10 of the anticipatory bail application that the house is a joint family property, as such, it cannot be alleged that it was the petitioner who had kept the liquor in the house when admittedly he is a person with clean antecedent.

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 Court below 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 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Fatuah P.S. Case No. 582 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T