Umesh Rajvanshi @ Laddo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23353 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== UMESH RAJVANSHI @ LADDO S/O MOSHAFIR RAJVANSHI R/O Village- Jobkala, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2023 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 Sections 30(a) and 41 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of 2 cases but inadvertently in the anticipatory bail application at para 3 it has been recorded that petitioner is a person with clean antecedent, it is next submitted that allegation is of recovery of 30 liters of liquor from petitioner's Khalihan.

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

Patna High Court CR. MISC. No.23353 of 2023(2) dt.16-05-2023 2/2 submitted Khalihan is a place accessible to villagers at large and no prudent person would keep liquor in his own Khalihan and thus would get implicated. It is next submitted petitioner because of his antecedent came to be implicated falsely, based on the confessional statement of the co-accused persons who were made to take the name of the petitioner in their confession. 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. 10,000/- (Rupees Ten 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 Rajauli P.S. Case No. 113 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T