Patna High CourtCR. MISC./34188/2024bail granted

Ajay Yadav @ Ajay Kumar Yadav v. The State Of Bihar

2024-05-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34188 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- JIRADEI District- Siwan ====================================================== Ajay Yadav @ Ajay Kumar Yadav SON OF BIRENDRA YADAV R/O village- Pathardei, P.S. - Ziradei, Dist. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Kirti, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in connection with Ziradei P.S. Case No.33 of 2024.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 45 liters of liquor from the door of Suresh Gond.

4. It is next submitted that petitioner was not arrested

Patna High Court CR. MISC. No.34188 of 2024(2) dt.14-05-2024 2/3 from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and petitioner has no concern or relation with Suresh Gond and he came to be implicated based on confessional statement of Suresh Gond in police custody which does not have any evidentiary value.

5. The learned APP for the State opposes the anticipatory bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise) Ist, Siwan in connection with Ziradei P.S. Case No.33 of 2024., subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.34188 of 2024(2) dt.14-05-2024 3/3 event, the present anticipatory bail order shall not be given effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T