Manish Yadav @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30729 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Manish Yadav @ Manish Kumar Son Of Ravindra Yadav Resident Of Village-Kumiyahi, Panchayat-Simariya, Ps-Triveniganj, Dist-Supaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Shilpi Keshri, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, 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 Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 6 litres of liquor from the place of occurrence concealed in a garbage.
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 submitted that the alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large
Patna High Court CR. MISC. No.30729 of 2023(2) dt.19-05-2023 2/2 and he came to be implicated because of his antecedent and the fact that recovery was made from a place near his house. 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 Triveniganj P.S. Case No. 481 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T