Patna High CourtCR. MISC./24996/2023bail granted

Sunil Yadav v. The State Of Bihar

2023-07-19Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24996 of 2023 Arising Out of PS. Case No.-39 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SUNIL YADAV SON OF NARESH YADAV R/O VILL.- BAHARAR, P.S.- SASARAM(MUFFASIL), DISTT.- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Jyoti Prasad, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner, Ms. Jyoti Prasad and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 172.800 liters of liquor from a place near a canal at Bahiyar village.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such nothing was recovered from his conscious possession and he came to be implicated at the instance of local villagers, but then the FIR does not disclose the name of the villager who disclosed the

Patna High Court CR. MISC. No.24996 of 2023(2) dt.19-07-2023 2/2 name of the petitioner, it is next submitted that even the alleged recovery is from a place which is accessible to the public at large.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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. 5,000/- (Rupees Five 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 Sasaram (Muffasil) P.S. Case No. 39 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T