Balram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31461 of 2023 Arising Out of PS. Case No.-247 Year-2022 Thana- GUTHANI District- Siwan ====================================================== BALRAM YADAV SON OF SRI JANAK YADAV @ TAARAK YADAV VILLAGE JAGDISHPUR P.S. MANIGACHI (NEHRA O.P.) DISTRICT DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akshansh Ankit, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 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 Section 30(a) of the Bihar Excise Act and Sections 420, 467, 468 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 172.800 liters from a Scorpio Car and 1913.400 liters of liquor from truck.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next

Patna High Court CR. MISC. No.31461 of 2023(2) dt.23-05-2023 2/3 submitted that he came to be implicated based on confessional statement of co-accused in police custody which does not have any evidentiary value. The learned Senior Counsel submits that petitioner is a domestic servant of a learned lawyer of this Court. The learned Senior counsel next submits that petitioner came to be implicated at the instance of Ram Babu who was arrested and from his mobile the petitioner's mobile number was discovered. It is next submitted that petitioner works as a domestic servant in house of the learned Advocate of this Court and Ram Babu in connection with cases used to meet the learned lawyer and perhaps he had kept the number of the petitioner also. It is next submitted that mere disclosure of number by an accused does not lead to an inference that petitioner was involved, when admittedly petitioner is a person with clean antecedent. 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 trial court 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 to the

Patna High Court CR. MISC. No.31461 of 2023(2) dt.23-05-2023 3/3 satisfaction of the learned trial court where the case is pending/successor court in connection with Guthani P.S. Case No. 247 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T