Nagina Yadav @ Nagina Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32342 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== NAGINA YADAV @ NAGINA PRASAD YADAV Son of Late Kaloda Yadav R/V- Adhkapadiya, P.S.- Ramgadhwa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== 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 offences punishable under Sections 272 and 273 of IPC and Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 8 liters of liquor from shop of the petitioner. 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 petitioner has been falsely implicated alleging that the liquor was recovered from his shop when the learned counsel vehemently asserts and submits that petitioner is not the owner

Patna High Court CR. MISC. No.32342 of 2023(2) dt.24-05-2023 2/2 of the shop and he came to be implicated at the instance of chowkidar who in order to save the real culprits falsely implicated the petitioner, 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 satisfaction of the learned trial court where the case is pending/successor court in connection with Ramgarhwa P.S. Case No. 07 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T