Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30214 of 2023 Arising Out of PS. Case No.-728 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== RAJESH YADAV @ RAJESH KUMAR Son of Ramashish Yadav Resident of village - Biccha, P.S. - Wazirganj, Distt. - Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :
Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-05-2023 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 279 and 427 of the Indian Penal Code read with Sections 30(a) and 45 of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 9.750 litres of liquor from a scooty. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated in the confessional statement of co-accused in police custody which does not have any evidentiary value, it is next
Patna High Court CR. MISC. No.30214 of 2023(2) dt.19-05-2023 2/2 submitted that petitioner is not the owner of the scooty. 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. 10,000/- (Rupees Ten 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 Wazirganj P.S. Case No. 728 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T