Mulayam Yadav @ Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32456 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- DARIHAT District- Rohtas ====================================================== MULAYAM YADAV @ SANJIV KUMAR SON OF INDRAJEET YADAV @ INDRAJEET SINGH RESIDENT OF VILLAGE- BERKAP, PSDARIHAT, DISTT- ROHTAS ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 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 offence punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 35 liters of liquor from a motorcycle. 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 petitioner is not the owner of the motorcycle and came to be implicated by the villager. The learned counsel next
Patna High Court CR. MISC. No.32456 of 2023(2) dt.24-05-2023 2/2 submits that the FIR does not record the name of the villager who disclosed the name of the petitioner which cast doubt with regard to the veracity of the allegations as alleged in the FIR. 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Darihat P.S. Case No. 272 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T