Mahendra Yadav @ Mahendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25945 of 2022 Arising Out of PS. Case No.-541 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== MAHENDRA YADAV @ MAHENDRA PRASAD YADAV S/o Late Anup Yadav Resident of Village - Lohsinghna, P.S. - Akbarpur, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), (d), 37(c) and 41 of the Bihar Prohibition and Excise Act, 2016. It is a case of recovery of illicit liquor from a coaccused. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious or constructive possession of the petitioner and petitioner has not been apprehended at the spot. He further submits that similarly situated co-accused has been granted

Patna High Court CR. MISC. No.25945 of 2022(2) dt.17-10-2022 2/2 anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 16665 of 2022.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Nawada in connection with Rajauli P.S. Case No. 541 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T