Abdhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28335 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Abdhesh Yadav S/o Ful Dev Yadav R/o vill - Phulparas, Purbari Tola, P.s. - Phulparas, Distt. - Madhubani 2.

Pankaj Yadav @ Pankaj Kumar Yadav S/o Late Zoli Yadav @ Foli Yadav R/o vill - Phulparas, Purbari Tola, P.s. - Phulparas, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

4. Allegation is of recovery of 1728 litres of liquor from the straw hut of Sunil Yadav.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged recovery is from a hut which does not belong to the petitioners and they don't have any relation or connection with Sunil Yadav. It is

Patna High Court CR. MISC. No.28335 of 2024(2) dt.16-04-2024 2/2 further submitted that petitioners came to be implicated based on the secret information which is the easiest way to implicate someone, when petitioners admittedly are persons with clean antecedent.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.500/- (Rupees Five Hundred) each 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 Phulpras P.S. Case No. 24 of 2024, 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 petitioners, shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case in that event the present anticipatory bail order shall not be given effect to against the person against whom criminal antecedent is found.

(Satyavrat Verma, J) Kundan/- U T