Ashok Kumar Yadav @ Ashok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25662 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== ASHOK KUMAR YADAV @ ASHOK RAI SON OF RAJ BALLAM RAI RESIDENT OF VILLAGE - GOGHRAHA, P.S. - MOHAMMADPUR, DISTT. - GOPALGANJ ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :
Ms. Rita Verma, APP ====================================================== 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 offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 100 liters of Spirit/liquor from a bank of river Gandak in front of the house of the petitioner. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the alleged recovery is from a place which is
Patna High Court CR. MISC. No.25662 of 2023(2) dt.22-05-2023 2/2 accessible to public at large and does not belong to the petitioner and since the recovery was made from a place which is near to the house of the petitioner, as such he came to be implicated by the Chowkidar because of his antecedent with whom he is on an inimical term.
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. 20,000/- (Rupees Twenty 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 Mohammadpur P.S. Case No. 44 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T