Awadhesh Yadav @ Awadhesh Kumar @ Abdesh Yadav @ Abdesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26812 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== AWADHESH YADAV @ AWADHESH KUMAR @ ABDESH YADAV @ ABDESH KUMAR SON OF LATE MANDEEP SINGH R/O VILLAGEPIPRAHI, P.S.- RAFIGANJ, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a)(c)(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation is of recovery of 31.800 litre of liquor from the land near the boring of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.26812 of 2022(2) dt.11-08-2022 2/2 recovered from his conscious possession nor the land from which the alleged recovery was made belongs to the petitioner. It is a land adjacent to the boring of the petitioner and he came to be implicated at the instance of the local Chawkidar. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees One Thousand) 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 Rafiganj P.S. Case No. 20 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T