Subodh Kumar Prasad @ Subodh Kumar Yadav @ Subodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28880 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== SUBODH KUMAR PRASAD @ SUBODH KUMAR YADAV @ SUBODH YADAV Son of Dwarika Prasad @ Dwarika Yadav Resident of Village - Birbal Bigha, P.S.- Belaganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manisha Prakash, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-05-2023 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 30(a)(c)(d) (g) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.
Allegation is of recovery of 10 litres of liquor from gallon kept at the coast of Phalgu River along with 30,000 litres of raw Mahua which was destroyed at the spot. Learned counsel for the petitioner submits that 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 the Chawkidar with whom he is on
Patna High Court CR. MISC. No.28880 of 2023(2) dt.18-05-2023 2/2 an inimical term and even the alleged recovery is from a place which is accessible to public at large and the petitioner based on his antecedent came to be implicated falsely. 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.5,000/- (Rupees Five 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 Belaganj P.S. Case No. 20 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T